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(영문) 인천지방법원 2019.07.19 2018나68745

물품대금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Defendant, on March 2, 2017, ordered two (C1, D1; hereinafter referred to as “instant machinery”) the supply system of damp raw materials in an amount equivalent to KRW 27,465,680 for the Plaintiff. The Defendant received the instant machinery transported from the Plaintiff’s factory on April 3, 2017 from the Defendant’s factory, and there is no dispute between the parties.

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the instant mechanical cost of KRW 27,465,680 and the damages for delay, except in extenuating circumstances.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion that the Defendant originally ordered the instant machinery to the Plaintiff, but he heard that it would not meet the payment period due to the shortage of funds from the Plaintiff, and then revoked the order given to the Plaintiff, and again, he and she shall be held responsible for manufacturing the instant machinery at the Plaintiff’s factory by purchasing materials at the Plaintiff’s expense and manufacturing the machinery at the Plaintiff’s factory, and bearing all the responsibility for the performance, quality, and payment period. Even if the payment period is delayed, the Defendant does not take a problem. The Defendant entered into a new oral agreement with the purport that “The right to claim the payment after the completion of the installation of the instant machinery shall have E.”

Accordingly, the Defendant was supplied with the instant machinery manufactured at E’s expense on April 3, 2017, and paid the instant machinery price to E around May 2017, and thus, there is no obligation to pay the Plaintiff the instant machinery price.

B. In light of the following facts and circumstances, it can be acknowledged that: (a) the Plaintiff, the Defendant, and the E have made a new agreement to manufacture the instant machinery at the expense of first E and receive directly the price of the instant machinery; and (b) the price of the instant machinery was directly paid by E, in light of the following facts and circumstances revealed in the testimony of the witness E of the first instance trial.