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(영문) 인천지방법원 2020.01.15 2018가단34765

물품대금

Text

1. The Defendant’s KRW 9,637,700 as well as 5% per annum from October 1, 2016 to January 15, 2020 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff is a company that manufactures electronic devices, etc., and the Defendant is a company that manufactures and sells the learning machine.

After the end of each month, on August 1, 2016, the Plaintiff supplied the Defendant with electronic parts, such as ruptures and Contacts, which are parts of the learning machine, and did not receive KRW 30,800,60 of the current supply price.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above facts finding, the defendant is obligated to pay to the plaintiff 30,800,600 won for the unpaid goods and delay damages.

2. Judgment on the defendant's assertion of mutual aid

A. A. The summary of the assertion (1) Defendant (A) supplied the original Defendant with Cristler (hereinafter “Guristler”) and thereafter supplied Dristler (hereinafter “Guristler”).

The Defendant produced the learning machine using a new type of server supplied by the Plaintiff and the contact with the Plaintiff, and sold it.

However, there was an error in the operation of the mining machine due to the problem of the new type of server, and the purchaser of the learning machine demanded compensation to the defendant.

Accordingly, the Plaintiff had replaced a new type of server in question with a old type of server, and the Defendant visited the place where the machine was installed, and replaced the new type of servers installed in the learning machine with the old type of servers provided by the Plaintiff.

However, after August 2016, the Plaintiff did not supply the old-type servers to replace the defective type of servers, and the Defendant purchased products from another company and replaced the defective type of servers.

(B) Accordingly, the Defendant returned to the Plaintiff an amount equivalent to KRW 3,417,700 on October 28, 2016, and KRW 17,745,200 on August 29, 2018.