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(영문) 대구지방법원 2019.11.20 2018나312822

물품대금

Text

1. Revocation of the first instance judgment.

2. Upon the selective claim added by this court, the Defendant attached to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that manufactures industrial machinery and engages in wholesale business, and the Defendant is a personal business entity that manufactures machinery parts and machinery.

B. On April 27, 2011, the Defendant concluded a sales contract with one of the CNC pressesoring machinery (hereinafter “instant machinery”) from D (mutual E), with the purchase price of KRW 320,00,000 (excluding value-added tax) and the delivery period of KRW 320,00,000 (excluding value-added tax) and paid the purchase price in full thereafter.

C. On April 29, 201, D entered into a sales contract with the Plaintiff to purchase the instant machinery in a separate amount of KRW 292,00,000 (value-added tax) (hereinafter “second sales contract”) for the performance of the said sales contract (hereinafter “second sales contract”).

On September 19, 201, the Plaintiff completed installation by delivering the instant machinery to the Defendant’s business place designated by D pursuant to the 201 sales contract.

On the other hand, the attached list, one of the constituent parts of the instant machinery, was supplied from F.D.

On January 12, 2012, when the Defendant was using the instant machinery for three months, found that approximately approximately 1 cm of half-month shape occurred in the instant drum, and requested D to repair the instant machinery.

On February 8, 2012, the Plaintiff, the Defendant, and D agreed to replace the instant fora, and the Plaintiff had replaced the instant fora without compensation around November 30, 2012 with a new fora.

E. At present, the instant forum is in possession of the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7, and 10 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserts to the following purport selectively.

1 The instant local forum is owned by the Plaintiff for the following reasons. As such, the Defendant is the instant local forum.