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(영문) 대전지방법원 2018.09.20 2017가단210522
물품대금
Text

1. The Defendant: (a) KRW 19,843,100; (b) KRW 48,787,200; and (c) KRW 48,787,200; and (d) each of the above money to Plaintiff A.

Reasons

1. Determination on the cause of the claim

A. In fact, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) entered into a contract with the Defendant with multiple suppliers on March 9, 2017 on the goods name “C” and entered into a multiple supplier agreement with the Defendant on June 28, 2016 on the goods name “D” and supplied each of the relevant goods, but did not receive KRW 19,843,100 out of the price of the goods.

Plaintiff

B(E) signed a multiple supplier agreement with the Defendant on September 30, 2015 with the name of the goods, and supplied the goods, but did not receive KRW 48,787,200 out of the price of the goods.

[Reasons for Recognition: Facts without dispute]

B. Barring special circumstances, the Defendant is obligated to pay the Plaintiff Company the amount of KRW 19,843,100 for the unpaid goods, KRW 48,787,200 for the unpaid goods, and damages for delay calculated at the rate of 15% per annum from May 19, 2017 to the date of full payment, as the Plaintiffs seek.

2. Judgment on the defendant's defense of set-off

A. The summary of the defendant's defense "the plaintiff entered into a contract with a majority supplier in the past with the defendant, and the plaintiffs are obliged to maintain the preferential price by maintaining the price of the goods at the contract with a majority supplier is identical or lower than the price supplied to the market. In case of violation, the defendant can reduce the difference between the contract price and the price of the goods at the price of the goods at the price of the goods at the price of the goods, and if the price has already been paid, the contract

However, in 2014 and 2015, the Plaintiffs sold the pertinent goods (F 60T, F 80T) at a price lower than that of a contract with multiple suppliers to a private company.

Therefore, the defendant's claim for recovery amounting to KRW 215,148,290 against the plaintiff company, and KRW 48,787,200 against the plaintiff B.

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