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(영문) 인천지방법원 2019.11.07 2018가단19216

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 18,260,000 to the Plaintiff (Counterclaim Defendant) and its payment from January 15, 2017 to March 27, 2018.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. On June 7, 2016, the Defendant concluded a contract for the manufacture and installation of CNG boiler and chemical boiler.

B. From June 22, 2016, the Defendant requested the Plaintiff to make an estimate for the supply of a e-mail-to-mail-to-mail-to-mail-to-mail-to-mail, and the Plaintiff and the Defendant sent the conditions for the production of the e-mail and the estimate therefrom from that time to that time.

C. On July 22, 2016, the Plaintiff prepared a written estimate and drawings of the coal saving price of KRW 6.8 million (excluding value-added tax) to the Defendant and sent it by e-mail. On the same day, the Defendant ordered the Plaintiff to supply the coal saving supply with the supply price of KRW 6.8 million (excluding value-added tax). The Plaintiff entered into a contract for the production and supply of the coal saving (hereinafter “the first contract”).

On September 12, 2016, the Plaintiff produced and supplied carbon to the Defendant. On January 4, 2017, the Defendant paid KRW 7,480,00 to the Plaintiff.

E. While the Defendant’s operation of the stove boiler manufactured and installed in C, the stove boiler was not normally operated due to the occurrence of the phenomenon, such as the stove force, etc. in the stove season.

F. On December 23, 2016, the Plaintiff prepared and provided a written estimate of KRW 22 million (excluding value-added tax) to the Defendant. On December 27, 2016, the Plaintiff entered into a written estimate of KRW 16.6 million (excluding value-added tax) again on December 27, 2016, and the Defendant entered into a contract for the production and supply of the mitigated coal (hereinafter “the second contract”) with the price of KRW 16.6 million (excluding value-added tax) on the same day. The Plaintiff completed the second contract on January 14, 2017.

[Ground for recognition - Unsatisfy, Gap evidence 1 to 7, 9, 10 (including paper numbers; hereinafter the same shall apply)

(i)each entry, entry in Eul evidence 1, 2, 4, 7, 8, 9, witness D, E's testimony, and the purport of the whole pleadings)

2. According to the above findings of the judgment as to the cause of the principal claim, the defendant is special.