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(영문) 대구지방법원 2018.09.05 2018나1924

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is a person operating an electric vehicle manufacturing business, and the Defendant is a corporation operating mechanical equipment manufacturing business.

B. On June 1, 2016, the Plaintiff entered into a contract with the Defendant to supply goods with the following content:

(hereinafter referred to as the “instant contract for the supply of goods”. The unit price quantity of the goods in question: 2400, 1200 x 35,000,000 x 35,500,000 x 35,000,000 x 1800 x 1800 x 325000 x 3,0000 x 38,000,000 -38,000,0000 - 38,800,000,000 - 38,80,000,000 - - 41,80,000,000 won including all of 3,80,000,000,000,000 won including the total amount of value-added tax (including the estimated installation) after delivery (including the value-added tax), -30,000,0000 won including the intermediate payment (including the total amount).

C. On January 20, 2016 and February 5, 2016, the Plaintiff paid each of the Defendant KRW 3,000,000 in total, and KRW 20,000 in part payment on June 1, 2016.

The Defendant did not supply goods under the instant goods supply contract to the Plaintiff from June 1, 2016 to July 1, 2016, on which 30 days elapsed from June 1, 2016, which was the date of the said intermediate payment.

E. On August 1, 2016, the Plaintiff sent a text message to the Defendant that contains the content that the instant goods supply contract will be rescinded, and around that time, the said text message sent to the Defendant.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 evidence, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Plaintiff entered into the instant contract for the supply of goods on the ground that the Plaintiff failed to comply with the above provision of text messages.