물품대금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. According to the reasoning of the judgment on the cause of the claim, the Defendant is obligated to pay the Plaintiff the remainder of KRW 1,950,000,00 (3,00,000 value-added tax of KRW 300,00) that the Plaintiff received from the total amount of supplied goods and value-added tax (3,00,000) x 3 x 7,950,000, and delay damages therefor, barring any special circumstances.
The plaintiff is a person who engages in the installation of a fireproof steel plate and metal interior sculpture with the trade name of "C", and the defendant is a person who engages in the business of lighting with the trade name of "D."
B. On October 10, 2013, the Plaintiff entered into a contract with the Defendant for the production and supply of 3,000,000 won (excluding value-added tax) of three sculptures of the Captain (hereinafter “instant sculptures”) (hereinafter “instant contract”).
On November 2013, the Plaintiff manufactured the instant sculpture and delivered it to the Defendant.
C. Meanwhile, the Defendant paid to the Plaintiff the sum of KRW 50,000, intermediate payment of KRW 5,000,000, and the remainder of KRW 2,900,000, as the price of supplied goods of the instant sculpture.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings
2. Judgment on the defendant's defense
A. The Defendant’s assertion against the Plaintiff did not have tools or cranes necessary for the production, installation, and transportation of the instant sculptures, and there was no melting technician.
The Plaintiff and the Defendant agreed to use the Defendant’s construction section and the Defendant’s design, and directly adjoin the Defendant, but reduce the amount equivalent to the above construction section, the fee for use, and the cost of contact from the price of supplied goods of this case.
From the balance of the supply price of the sculptures of this case, there is no amount remaining if the defendant deducteds the construction section and cream usage fee, and the contact cost that the defendant should receive from the plaintiff.
The defendant's assertion is the use fee and the contact cost of the tools and cream, etc. against the plaintiff.