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(영문) 창원지방법원 2018.02.07 2017나2728

물품대금

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1. Of the judgment of the court of first instance, KRW 18,00,000 against the Plaintiff and its related amount from September 14, 2016 to February 7, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is engaged in the business of manufacturing agricultural machinery, etc. under the trade name of “C”.

B. On October 21, 2015, the Plaintiff entered into a contract with the Defendant to install three agricultural heating systems at KRW 24,000,000 for installation of 24,000. At that time, the Plaintiff completed the installation of 3 heating systems.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, the purport of whole pleadings

2. Determination

A. According to the facts found in the judgment on the cause of the claim, the Defendant is obligated to pay the Plaintiff the installation cost of KRW 24,000,000 under the instant contract and damages for delay.

B. The Defendant’s assertion regarding the defense of payment 1) The Defendant asserted that the Plaintiff paid KRW 19,00,000 as a total between June 17, 2016 and August 3, 2016 to D who was delegated with the authority to collect claims by the Plaintiff. The fact that D’s delegation of the authority to collect the above installation cost claims by the Plaintiff is without dispute between the parties, and comprehensively taking account of the entries in the evidence Nos. 2-1, 2, and 5-1, 17, 00, 300, 1,000, 1,000,000 won on June 30, 2016, and KRW 200,000,000,000 were set up within the scope of set-off 1,000,000,000 won for each of the above Defendant’s defenses to set-off 2,000,000 won for each of the above installation of evidence.

(2).