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(영문) 전주지방법원 2019.11.21 2018나12875

물품대금

Text

1. The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff, a company mainly engaged in the production and supply of the board and building materials, supplied the sales center and building materials, etc. (hereinafter “instant goods”) to the Defendant from March 28, 2014 to January 27, 2016. The sum of the instant goods supplied by the Plaintiff to the Defendant during the said period is KRW 154,980,655 (i.e., KRW 155,05,05,765 (i.e., the price of the goods from March 28, 2014 to January 27, 2016).

B. On December 10, 2015, the Defendant entered into a contract with C for the construction of a new building (hereinafter “instant construction”) on the land (hereinafter “instant building”) outside and two parcels of land (hereinafter “instant construction”) on a construction period from December 25, 2015 to February 5, 2016 (hereinafter “instant contract”). While performing the instant construction, the Defendant was supplied by the Plaintiff on December 31, 2015 (hereinafter “the instant first panel”) among the instant goods.

C. On December 31, 2015, the Defendant demanded the Plaintiff to remove and replace the said first panel on the grounds of defects, such as defects in the instant first panel established in the instant building. On January 2016, the Plaintiff removed the first group of this case, and supplied the Defendant with the same type of the second group as the instant first panel (hereinafter “instant second group”). However, the Defendant responded to the fact that the second group of this case was defective, such as defects.

On January 6, 2016, the Plaintiff produced a group of the same kinds as the instant second group (hereinafter “instant third group”) at the Plaintiff’s factory, and discovered the defects identical to the instant second group at the instant plant, and did not supply the instant third group at the construction site after talking to the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2.