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(영문) 서울남부지방법원 2017.06.09 2016가단225364

물품대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 12, 2014, the Plaintiff entered into a contract with the Defendant to supply and install pellets production equipment (hereinafter “instant production equipment”) with the following content (hereinafter “instant contract”).

- Contract amount: 48,00,000 won (excluding value-added tax): 50 days after the date of order (the conditions of supply and installation at the place designated by the defendant): Defect warranty period: two years after the delivery: the plaintiff shall be supplied and installed in good faith in accordance with the estimated and design drawings submitted by the plaintiff; and the following output shall be guaranteed:

Standard for production of Dolets 6m pellets: Standard for production of Dolets 8m pellets per hour: 2.4m pellets production per hour: The plaintiff shall issue defective performance securities of 20 percent of the contract price after completion of the supply.

- 20% of the down payment in the Lease Company after entering into a contract with the Lease Company and completing the establishment, and after inspection, the Defendant shall pay the down payment in the Lease Company after submitting the contract security (20% of the contract amount);

B. After that, the Plaintiff supplied and installed the instant production equipment. Around that time, the Defendant entered into a contract with DGB Capital Co., Ltd. to receive a general lease loan of KRW 488,000,000 with respect to the instant production equipment. On February 16, 2015, the Plaintiff had the said company pay KRW 488,00,000 to the Plaintiff for the installation cost of the instant production equipment.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 to 3, Eul evidence 1-1, Eul evidence 4 and 5, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts, the Plaintiff supplied and installed the production equipment of this case, and the Defendant paid 488,000,000 won to the Plaintiff via DGB Capital Co., Ltd. on February 16, 2015, barring special circumstances, the Defendant’s examination of the installation of the production equipment of this case was conducted. Thus, the Defendant added value-added tax of 48,00,000 won to the Plaintiff.