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(영문) 의정부지방법원 2017.12.12 2016가단23069
물품대금 반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 14,231,712 to the Plaintiff (Counterclaim Defendant) and its related amount from August 2, 2016 to December 12, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 2015, the Defendant entered into a contract with the Plaintiff to be supplied with C B B B (L, 2015, hereinafter “the Plaintiff”) with the Plaintiff, and received the Plaintiff’s supply of B B B B B B sets throughout several occasions from October 2015 to November 2015 (hereinafter “the instant primary goods”).

B. On October 2015, the Defendant entered into a contract with the Plaintiff to be supplied with Cwons, and the Plaintiff entered into the agreement with the Plaintiff on the lower court’s document stating that “The original cost of the second-working process of the Chon Design C,” in the evidence No. 2 (7) of the Plaintiff (including value-added tax) of the total of KRW 48,419,712 (including value-added tax) on several occasions from October 28, 2015 to November 9, 2015.

A considerable amount of raw materials (hereinafter “instant secondary goods”) was supplied.

Since then, according to the contract with the defendant, the plaintiff has been able to pack, store, and manage the defendant's products for the broadcast sales of the defendant's branch home shopping.

C. From September 3, 2015 to December 9, 2015, the Defendant paid to the Plaintiff a total of KRW 170 million, as the price for goods, etc., and paid KRW 139,400,000 (F 2.4 million, G80,000 won, H 7 million won, and KRW 1.5 million, from October 17, 2015 to March 30, 2016, to a subcontractor for the C Bedclopt and C nuclear services from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. The summary of the Plaintiff’s assertion is ① KRW 278,557,40, and KRW 48,419,712, and ② the packing cost of the instant secondary goods agreed to be paid by the Defendant to the Plaintiff, ③ the Defendant.

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