beta
(영문) 의정부지방법원 고양지원 2018.02.08 2017가단75312

물품대금

Text

1. The defendant shall pay 75,262,00 won to the plaintiff and 15% per annum from April 5, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. Nanama ELD Co., Ltd. (hereinafter “Nanama ELD”) which was entrusted with the installation of sculptures in B from Macheon-si (hereinafter “Na Nam”), ordered the Defendant to subcontract the construction of sculptures to the Defendant.

In other words, the Defendant again requested the Plaintiff (C) to produce, and entered into a contract for the installation of the following sculptures (hereinafter “instant sculptures”) with KRW 75,262,00 (including value-added tax) on December 7, 2016 after consultation with the Plaintiff, Defendant, ELD, and the Plaintiff, Defendant, and Republic of Korea:

B. Although the completion date of the construction of sculptures between Macheon-si and Gael was the end of January 2017, the Plaintiff installed a sculpture at B around the end of December 2016 for the purpose of Macheon-si festival.

However, on January 5, 2017, the Defendant and Nanam require the Plaintiff to change the electric current supply method to DC (service) and to increase the previous volume.

On January 9, 2017, the plaintiff was found to have melted part of the sculptures, and the plaintiff tried to install and repair the blocking in the installed site. However, the defendant and the defendant and Nanam ELD demanded the defendant to remove all of the sculptures and install the painting again in the plaintiff's factory.

However, from January 10, 2017, the Plaintiff notified the Defendant that it is difficult for the Plaintiff to perform its work due to the scheduled condition of a business trip in Europe, and ordered the Plaintiff employee to move the relevant sculpture to a factory and prepare for work.

C. The contract will be terminated unless the contract is supplemented by January 17, 2017 to the defendant on January 17, 2017.

‘A' notification was given, and the defendant also delivered the notification on January 17, 2017 with the same seal and required to supplement the defects by the due date.

However, the Plaintiff could not repair defects due to the business trip, and the Defendant and Nanam LALD notified the Plaintiff on January 23, 2017 that they would cancel the contract for the manufacture of the instant sculptures. D.

On the other hand, the defendant is the defendant.