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Reasons
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(영문) 인천지방법원 2021.01.13 2019나63334
물품대금
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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and the appeal.

Reasons

1. The facts below are either a dispute between the parties or acknowledged as the purport of the entire pleadings.

The plaintiff is a corporation established for the purpose of manufacturing and retail distribution equipment and wholesale retail, distribution repair business, etc., and the defendant is a person operating a personal business that supplies distribution equipment and related goods under the trade name of "C".

The Plaintiff traded goods with the Defendant from February 2016.

2. The parties' assertion

A. The Plaintiff’s claim for the price of goods that the Plaintiff did not receive from the Defendant amounts to KRW 57,887,60,00, and the amount that the Plaintiff is obligated to pay to the Defendant is KRW 35,273,00. Thus, if the Plaintiff’s claim for the price of goods is deducted from the above claim for the price of goods, the Defendant is obliged to pay the remainder of KRW 22,614,600 to the Plaintiff, and the amount of delayed damages is claimed.

B. Defendant’s assertion 1) Claim for the price of goods claimed by the Plaintiff is an excessive claim of KRW 5,524,200, even in itself, and the Plaintiff’s claim for the price of goods against the Defendant is KRW 52,363,400.

2) On October 16, 2017, the difference between the station in the order (No. 5) issued by the Plaintiff and the order issued by the Defendant (Evidence No. 3) submitted by the Plaintiff on October 16, 2017, and KRW 649,00 shall be deducted. The Defendant’s claim against the Plaintiff shall be paid to the Plaintiff the total amount of KRW 35,273,000, plus the amount of KRW 14,91,90, and the amount of KRW 50,264,90, and the amount of KRW 2,036,880, which was supplied to the Plaintiff, and the amount of KRW 2,00,000 (the Defendant claimed KRW 2,057,000,000 from May 16, 2019, and the amount of KRW 200,000,000, KRW 3086,580,00).

From 52,363,400 won, the total amount that the defendant should receive from the plaintiff is deducted from the total amount that the defendant should receive.

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