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Reasons
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(영문) 수원지방법원 안산지원 2017.04.26 2015가단34826
물품대금
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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 35,164.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The parties' assertion

A. The Plaintiff supplied goods, such as others, until April 21, 2015, to the Defendant, who conducts the interior business under the name of Plaintiff C (the Defendant’s wife D until February 2012, and thereafter, operation under the Defendant’s own name).

① The Plaintiff shall use the total amount of KRW 56,347,940 for the unpaid goods carried forward on April 1, 2015 and KRW 2,783,00 for the remainder of the total amount of KRW 19,52,500 for the goods supplied additionally from April 6, 2015 to April 21, 2015, the total amount of KRW 19,683,440 for the goods paid on April 6, 2015, and KRW 10 million for the payment of KRW 5,00,000 for the goods that were paid by the Defendant on April 22, 2015 in relation to the issuance of the tax invoice at the Defendant’s request. The Plaintiff himself/herself shall offset the remainder of the payment of KRW 19,552,500 for the goods that were paid by the Defendant on April 22, 2015 (the Plaintiff himself/herself shall be deemed to have not been paid by the Defendant on September 3222, 2015).

B. The amount of goods supplied from April 6, 2015 to April 21, 2015 (the above price for goods) is KRW 17,556,00 (the part of the price for goods) as well as KRW 17,556,00,000, which was paid from April 6, 2015 to April 21, 2015 (the above part of the price for goods), and the unpaid amount is KRW 7,56,00,000, and the unpaid amount is KRW 7,56,00,000,000, which was later refunded, and later paid KRW 5,00,000 to the Plaintiff on April 22, 2015, the Plaintiff was obligated to return the unpaid amount of KRW 5,00,000 to the Defendant after deducting the amount of value-added tax, KRW 7,279,949,00,005,000 from the issuance of the tax invoice (the remaining KRW 3,165,575,75000,7.

2. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff supplied the Defendant with goods equivalent to KRW 7,093,00 on April 6, 2015, KRW 9,567,00 on April 14, 2015, KRW 896,00 on April 21, 2015, and KRW 17,556,00 on April 21, 2015.

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