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(영문) 의정부지방법원 2018.08.24 2018나203075

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Nanam LAL Co., Ltd. (hereinafter “Nanam LD”) entered into a contract for the Mancheon-si and the NaB tourist resort creation project, and requested the Defendant to perform the construction of sculptures to be installed in B.

B. On December 7, 2016, the Defendant: (a) entrusted the Plaintiff with the production and installation of sculptures for the construction of sculptures as requested from NaelD; (b) agreed with the Plaintiff through a quotation, etc. several times; and (c) concluded a contract with the Plaintiff to set up the following sculptures (hereinafter “each of the instant sculptures”) at KRW 75,262,00 (including value-added tax) (hereinafter “instant contract”).

C. After entering into the instant contract, the Plaintiff manufactured each of the instant sculptures, and installed each of the instant sculptures in B on December 29, 2016.

On January 5, 2017, the Plaintiff, the Defendant, and the Southern LALD meeting on the instant sculptures installed by the Plaintiff. At the time, the Defendant and the Nam Nam LAL sent supplementary matters to the Plaintiff, such as: (a) the electric current supply method from AC (Exchange) to the Plaintiff; (b) the increase in the volume of the LED electric appliances; (c) the color is changed; and (d) the addition of the chair.

E. On January 9, 2017, the public official in charge of Macheon-si demanded Nael to take measures to identify that melting part of each of the instant sculptures was generated, and Nael to remove each of the instant sculptures and instruct the Defendant to perform complementary work.

F. Accordingly, the Defendant demanded the Plaintiff to remove and re-establish each of the instant sculptures from the Plaintiff’s factory. On January 10, 2017, the Plaintiff removed each of the instant sculptures at the Defendant’s request and collected them as the Plaintiff’s factory.

G. On January 17, 2017, Kolon has cancelled the contract if the requested matters are not resolved by the due date to the Defendant, and accordingly, the contract will be cancelled.