beta
(영문) 인천지방법원 2015.10.08 2013가합17229

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 143,972,653 as well as the full payment from October 18, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company engaging in the manufacturing and ancillary business of air conditioners, ancillary business, export and import business, etc. The Defendant is a company engaging in manufacturing and selling industrial freezing equipment or industrial freezing equipment, industrial compression equipment, traw pumps, oil pumps, etc. The Plaintiff’s Intervenor (hereinafter “ Intervenor”) is a company engaging in freezing and heating equipment and manufacturing and selling the same parts.

B. On May 2, 2012, the Plaintiff entered into an agreement with the Defendant to determine the compliance pressor 44 parts produced by the Plaintiff (hereinafter “instant pressor”) as the price for KRW 112,640,00 (including additional tax) and supply the same to the Defendant (hereinafter “instant supply contract”). Under the instant supply contract, the Plaintiff received full payment from the Defendant around May 2012 after completing the supply of the instant pressor from the end of the pertinent supply contract.

C. Around March 23, 2012, land owners Co., Ltd. (hereinafter “BE”) entered into a contract for the supply of goods with the land owner to manufacture the waste heat recovery type pump system and to supply and install it to the Cheongju Factory Co., Ltd. (hereinafter “instant factory”).

Around June 2012, the Defendant sold the instant framework to the Branch. Around August 2012, the Branch supplied and installed 14 waste heat recovery type pumps system 14 (hereinafter “instant framework”) to the instant factory in accordance with the pertinent contract for the supply of goods concluded between the Branch Energy.

E. However, in 2012, a large amount of noise and vibration began to have been generated at around B around the period of 2012 when the instant set pumps were installed in the instant factory and operated after the completion of the operation thereof. As a result, electricity blocking occurred.