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(영문) 수원지방법원 2016.04.07 2015나26976
물품대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2.In addition, a new trial shall be added.

Reasons

1. Judgment on the main lawsuit

A. The Plaintiff asserted that the supply price per unit from February 5, 2014 to June 12, 2014, as indicated in the Plaintiff’s evidence No. 12, the Defendant received from the Plaintiff 348 physical diseases, the supply price of which per unit was 480,000, 288 and 15,000.

Therefore, the Defendant should pay to the Plaintiff the remainder of KRW 20,924,144, which is the sum of KRW 138,240,00 and KRW 5,220,00 for physical disease, and KRW 6,453,324 for pre-paid expenses, etc. paid by the Plaintiff on behalf of the Defendant (= KRW 138,240,00 for KRW 5,220,00 for KRW 5,220,00 for KRW 6,453,324) which the Plaintiff already received from the Defendant, after deducting KRW 128,989,180 for the goods that the Plaintiff had already received from the Defendant.

B. Determination 1) On or around February 2014, the Plaintiff and the Defendant set the price per 480,000 won per hydrogen (hereinafter “instant contract”) between the Plaintiff and the Defendant (hereinafter “instant contract”).

(1) From 288 won to 18 June 18, 2014, the Plaintiff’s supply of hydrogen water and the fact that the sum of the pre-paid fees paid by the Plaintiff on behalf of the Defendant, the expenses for revocation of the earth, etc. reaches KRW 6,453,324 won is no dispute between the Plaintiff and the Defendant. Therefore, the Defendant is liable to recognize that the amount of KRW 138,240,00 (288 + 480,00) to the Plaintiff’s 288 amount of the instant water supply provided by the Plaintiff and KRW 6,453,324 won (14,69,180 won, the remainder of KRW 1289,180 which the Plaintiff had already paid on behalf of the Defendant, KRW 15,704,198, KRW 1984, KRW 1868, KRW 1968, KRW 2986, KRW 16896, KRW 2984, KRW 19684,29860.1).6

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