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(영문) 부산지방법원 2017.11.14 2016가단1379

물품대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff Company is a legal entity established for the purpose of boiler wholesale and retail business. 2) Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a legal entity established for the purpose of making soup and making soup operations, etc., and is operating the so-called “D” in Busan Seo-gu, Busan, where the head office is located, and Defendant B is the representative director of the Defendant Company.

B. 1) On October 2, 2014, the Plaintiff Company and the Defendant Company concluded a sales contract with the content that “The Plaintiff Company shall set up two (2) of the Jinainaco boiler (UYI-50K) manufactured by the Plaintiff Company (hereinafter “instant boiler”) in the instant Lesz Center by October 1, 2014, and is paid KRW 33 million (including value-added tax) from the Defendant Company (hereinafter “instant sales contract”).

(2) At the time, the Plaintiff Company and the Defendant Company established the terms “in principle, the number of equipment iron installed at the time of no less than 30% reduction effect against the electric city gas promised after the start-up of the month, and it is confirmed that no claim is possible for the Defendant Company to pay any cost.”

C. On December 4, 2014, the Defendant Company confirmed that the boiler was installed in the instant Lebts Center, which was purchased by the Defendant Company through an agreement to pay off the internal organs of Hanman Capital Co., Ltd.

Meanwhile, the Defendant Company paid the price of goods to the Plaintiff Company KRW 3 million on December 10, 2014, ② KRW 3 million on December 17, 2014, ③ KRW 18.1 million on August 18, 2015, ④ KRW 1 million on September 25, 2015, ⑤ KRW 9 million on November 2, 2015.

[Reasons for Recognition] Facts without dispute, entry in Gap 1 through 4, and 7 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff company 1 is the plaintiff company.