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(영문) 대구지방법원 2016.08.31 2015가단45106

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur engaged in gold-type manufacturing business, and the Defendant is a company engaging in automobile parts manufacturing business.

B. On April 2013, the Defendant was ordered to manufacture and supply Class II gold-type two (B, et al., 1; hereinafter “the gold-type”).

As the Defendant colored the Plaintiff as an enterprise in charge of the actual production of the gold type of this case, and determined that the sampling of the Plaintiff’s offer is appropriate for the purchase volume, on July 27, 2013, the Defendant entered into a contract to request the Plaintiff to produce the gold type of KRW 150 million, and the details thereof are as follows.

(hereinafter “instant contract”). 45 million won of down payment time: 45 million won of the first intermediate payment at the time of preparation of the contract: at the time of preparation of the contract, the second intermediate payment 30 million won at the time of completion of the contract: FUL TOL TOL (at the time of completion of the product): The remainder at the time of delivery for one month after the delivery of the product shall meet 100% of the accuracy inspection until August 20, 2013.

A prosecutor and a trial driver shall undergo an inspection by a supervisor designated by the defendant, and if the plaintiff fails to pass an inspection, he/she shall re-produced or replaced the plaintiff's responsibility and expenses and undergo a re-inspection, and the delivery delay

C. The Plaintiff, while implementing the Defendant’s request for correction and supplementation of sampling that has been pending in a series of times, was engaged in the production of the instant gold-type finished products, and the Defendant first paid KRW 120 million in total as down payment, first and second intermediate payment during the period from August 28, 2013 to June 13, 2014.

On June 13, 2014, the Plaintiff completed the production of finished products of this case and delivered them to the Defendant.

Although the Defendant supplied this to NET, it was also notified of the fact that the finished products still have problems, and upon consultation with NET, the Defendant requested other companies to repair the defects of the gold type in this case around January 2015.