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(영문) 부산지방법원 2015.07.16 2012가단104980

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 10,500,000 to the Plaintiff (Counterclaim Defendant) and its payment from November 13, 2012 to July 16, 2015.

Reasons

The plaintiff is a person who runs gold-type processing business with the trade name of C, and the defendant is a person who produces and sells materials and appliances necessary for agriculture.

The Plaintiff and the Defendant concluded a gold-type production and supply contract with the purport that the Plaintiff manufactures and supplies the gold-type with portable plastic chairs to the Defendant, and the Defendant pays 27 million won as remuneration.

(hereinafter “instant contract.” The Plaintiff asserts that the date of concluding the contract was October 25, 201, and the Defendant concluded the contract on November 21, 201 after consultation with the Plaintiff around October 25, 201, and there is no influence on the conclusion of the contract even according to any of the allegations). Pursuant to the instant contract, the gold type to be produced by the Plaintiff is 4 seated, dried, dried, connected, connected, and bottomd.

At the time of the instant contract, the Defendant provided, at the request of the Defendant, the Plaintiff with one set of products of the existing other company (D), one seat plate produced by E (F) and one bottom plate, respectively.

On November 21, 2011, the Defendant paid the Plaintiff KRW 12 million in total, among the remuneration of KRW 27 million under the instant contract, KRW 7 million, and KRW 5 million in part, on March 14, 2012.

The plaintiff, which is the main cause of the plaintiff's claim concerning the main claim of the parties concerned, has produced all gold punishment under the contract of this case and delivered it to the defendant, and the defendant is obliged to pay the plaintiff the unpaid remuneration of KRW 15 million.

Although the defendant asserts that there is a defect in the gold-type produced by the plaintiff, it is manufactured on the basis of the wooden type provided by the defendant, so that the string and bottom of the gold-type are not attributable to the plaintiff, and other defects are also produced by the defendant's instruction or consultation with the defendant, and there is no reason for the plaintiff. The issue of length of the connection or the connection can be easily corrected, and thus the payment of remuneration may be refused on the ground thereof.