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(영문) 전주지방법원군산지원 2015.09.15 2013가단13608

물품대금

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1. The Defendant’s KRW 20,895,00 for the Plaintiff and KRW 6% per annum from November 23, 2013 to September 15, 2015.

Reasons

1. The Plaintiff is a company that runs the manufacturing business, such as machinery, in the trade name of “B,” and the Defendant is a company that runs the automobile parts manufacturing business.

On September 28, 2011, the Defendant made and supplied “YD model MPS installation machine” with Hyundai F/L company (hereinafter “YD model”) and entered into a contract with the Defendant on April 20, 201 as set forth in the terms of contract amount of KRW 44,80,000,000, and delivery deadline of KRW 44,80,000, and entered into a contract with the Defendant on April 20, 201.

On October 4, 2011, the Plaintiff concluded a contract with the Defendant to manufacture “YD model MPS installation machine” on November 30, 201 as the contract price of KRW 38,000,000 (Additional Tax) and the delivery date of November 30, 201 and to install it in a modern mother plant (hereinafter “first supply contract”).

On December 1, 2011, the Plaintiff entered into a contract with the Defendant for manufacturing “XM MM MDP installation machine” on January 10, 201, as the contract amount of KRW 5,500,000 (Additional dues) and the delivery date, and for installing it in a modern mother plant (hereinafter “second supply contract”).

On May 19, 2012, the Plaintiff completed the installation of “YD model MPS installation equipment” and “XM F/L model MPS installation equipment” at the Hyundai F/L plant.

Since then, in the process of conducting inspections and trial operation at the Hyundai Embs shop, the Plaintiff was demanded from the Hyundai Embsians to “the addition of YD model MPS equipment MPS equipment and the modification of Sbad MC.” On May 20, 2012, the Plaintiff claimed KRW 1,566,413 to the Defendant for the costs incurred from the aforementioned work, but the Defendant refused payment, and the Defendant suspended the performance of the tallying and trial operation on June 19, 2012.

Around August 5, 2012, the Defendant: (a) requested C Representative D to perform the above work by requesting C Representative D to install the “YD Model MPS installation” in addition to the “YD Model MPS installation; and (b) completed the tallying and trial operation process on November 1, 2012; and (c) completed the delivery of the foregoing equipment to Hyundai Flus.

On the other hand, the plaintiff is the down payment and the down payment from the defendant.