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(영문) 수원지방법원 2018.09.13 2017가단18763

물품대금

Text

1. Of the instant lawsuit, the part demanding the payment of KRW 17,300,000 and damages for delay shall be dismissed.

2...

Reasons

1. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Plaintiff supplied the Defendant with the lass processed goods, etc. three times, and the Defendant did not pay KRW 7,395,300 for the supply price according to the second order and KRW 60,716,150 for the supply price according to the third order.

B. The summary of the Plaintiff’s assertion (1) The part pertaining to the collection order should be dismissed.

(2) The Plaintiff and the Defendant agreed on November 2016 to place an order for goods equivalent to KRW 38.5 million from November 2016 to December 2016.

Accordingly, the Defendant paid to the Plaintiff KRW 20 million as the retainer on November 24, 2016, and KRW 18.5 million as of December 23, 2016, which is the last order after the order, respectively. Thus, there is no further payment to the Plaintiff.

2. Facts of recognition;

A. The parties concerned are companies with the objective of processing business, etc., and the defendant is a company with the objective of manufacturing semiconductor equipment.

B. The first order (1) On November 21, 2016, the Defendant ordered the Plaintiff to deliver products, such as SE034 (CH2SET) by e-mail to the Plaintiff during the gold week (the Defendant specified the attached document No. 3 and attached file: -1121 (A) by adding the number (1121) to the attached file name at the time of placing an order by e-mail; hereinafter as seen in the foregoing, the correction, non-entry, addition, etc. of the given order specified the method by which the following date of the request is added). Accordingly, the Plaintiff supplied the pertinent products to the Defendant.

(A) No. 20). (2) The Defendant requested the Plaintiff to revise, supplement, add, etc. the primary order goods, and the Plaintiff responded thereto as follows.

Revised and Additional (Evidence A 4) On December 20, 2016, 2016, the Emergency Request (Evidence A 9) on December 23, 2016 for Emergency Processing (Evidence A 10) on December 26, 2016, for Emergency Processing on December 27, 2016 (Evidence A 10)

(c) secondary orders;