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(영문) 부산지방법원 2017.02.16 2016나44711

물품대금

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) on the principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The court's explanation on this part of the basic facts is the same as the entry of "1. Facts recognized" among the reasons for the judgment of the court of first instance. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The plaintiff's assertion (i) The defendant of this lawsuit must pay 28,600,000 won for 20 tons of the price of this case to the plaintiff.

⑵ 반소 ㈎ 이 사건 각 크레인 설치 작업의 최종 견적서에 의하면 로우헤드형 호이스트를 설치하는 것으로 되어 있음을 알 수 있다.

The drums installed in parallel with the crossing line are determined after consultation with the defendant in consideration of the inside situation of the defendant's factory. It is not erroneous construction.

㈏ 원고는 이 사건 20톤 크레인의 설치대금 일부를 포기하고 크레인을 수거하겠다는 약정을 하지 않았다.

B. (i) The Defendant’s assertion (i.e., 20 tons of the instant 20 tons lelelelele that was installed by the Plaintiff of this lawsuit, and the Defendant demanded the Plaintiff to accept it and obtain safety certification.

In this process, the plaintiff promised to collect them, and the defendant has no reason to pay the amount of installation.

⑵ 반소 ㈎ 이 사건 각 크레인의 호이스트가 견적서에 첨부된 도면(을1호증의 3, 4)처럼 설치되지 않았다.

In other words, according to the above drawings, a "general heading" should be installed, and a drum should be installed with a drum and a "sular angle," but in fact, a "ro-hing heading" was installed, and a drum was installed in a line with a "hing line."

As a result, "eass prox (the distance between the main line and studs when the studs approach the pole most recently, the distance between the center of the main line and studs)", and the defendant has become unable to properly use the edge of the factory.