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(영문) 창원지방법원 2019.02.20 2016가단15375

공사대금

Text

1. The Defendant’s KRW 15,600,000 as well as 5% per annum from April 19, 2018 to February 20, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 4, 2015, the Plaintiff entered into a contract with the Defendant for the supply of goods (hereinafter referred to as “instant title”) with the content that the entire type of the naval components C (hereinafter referred to as “instant title”) shall be produced and supplied by October 10, 2015 (hereinafter referred to as “instant contract”), and agreed to substitute the warranty insurance policy with each other in relation to defects.

B. Accordingly, at the same time as the contract is concluded, the Plaintiff prepared and delivered a letter of performance of defect guarantee to the Defendant, stating that “I will, upon the delivery of the above contract, perform the above defects, or upon the request of the earer, will not cause any loss or damage to you due to you in good faith, and if I neglect this and thereby cause any loss to you or failure to perform this contract, A shall entirely compensate for the amount equivalent to the deposit for defects, and submit a letter of performance of defect guarantee (hereinafter “each of this case”).”

C. The Plaintiff produced the instant wooden model and supplied it to the Defendant by November 26, 2015, in accordance with the drawing provided by the Defendant, but did not receive any remainder of KRW 22 million from the Defendant’s payment of the instant wooden model.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Eul evidence Nos. 1, 2, 6, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. In light of the determination on the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 22 million, which is the balance of the instant wood price, and delay damages, pursuant to the instant contract, unless there are special circumstances.

B. The defendant's assertion (1) The plaintiff supplied the instant wooden type after the expiration of the contract period, and the hull, which is the most basic and important part of the instant wooden type.