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(영문) 광주지방법원 2019.08.20 2018가단539020

물품대금

Text

1. The Defendant’s KRW 132,00,000 as well as 6% per annum from October 1, 2018 to December 13, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The merchant of the parties: The plaintiff entered into an agency contract with D (State) and E (State) in the trade name of C and set up and supplies solar-related products produced by the above company, and the defendant runs solar power generation business in the trade name of F. The parties are merchants.

B. The conclusion of a system supply contract: (a) on February 25, 2018, the parties concluded an ES supply contract (hereinafter “instant contract”) under which the Plaintiff would be installed and supplied with solar linkage system to be provided by the Defendant to E (State) with the following content.

1. Project name: F Connected ES supply;

2. Items and quantities: ES connection with solar energy (100kW PCS/ 411.012M Sheet and container body type).

3. Total supply amount: 264,000,000 won (including value-added tax of 24,000,000 won).

4. Payment method of down payment: The balance within 30 days after 50% contract is concluded (from February 28, 2018): Cash payment (the ownership reservation agreement and the terms and conditions of direct payment for bank loans) within six months after the previous inspection.

5. Date of delivery: April 25, 2018 (it may be changed according to the status of supply and demand of the ship).

6. Period of defect repair: Three years from the date of inspection before the use.

7. Conditions of delivery: Standing latitude and trial run conditions (Seoul Jin-gun G).

C. The process of performing the instant contract: On March 30, 2018, the Plaintiff: (a) installed a solar ES and run a trial operation to the Defendant; (b) handed over the ES after obtaining confirmation on the pre-use inspection from the Electric Safety Corporation; (c) the Defendant paid down payment of KRW 132,00,000 to the Plaintiff and received the ES delivery from the Plaintiff; and (d) the Defendant refused to pay the remainder on the grounds that the cause of the instant contract could not be achieved, due to a serious defect, for which

[Reasons for Recognition] Evidence No. 1-1, 2, Evidence No. 2, Evidence No. 3-1 through 3, Evidence No. 4-1, 2, Evidence No. 5-1, 2, and the purport of the whole pleadings

2. According to the above recognition of the obligation to pay the price for the goods, the defendant shall, unless there are special circumstances.