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(영문) 수원지방법원여주지원 2016.08.17 2015가단7963

물품대금

Text

1. The Defendant’s KRW 39,881,00 for the Plaintiff and 6% per annum from September 5, 2015 to August 17, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells construction machinery and materials, and the Defendant is a company that runs the business of leasing construction materials.

B. From November 7, 2014 to June 12, 2015, the Plaintiff entered into a contract for the supply of temporary materials with the Defendant, and supplied the pipes (hereinafter “instant pipes”) 27,30, V43,80, V52,100, and V62,50.

C. The Plaintiff received only part of the above goods price from the Defendant, and did not receive KRW 57,881,000.

On June 2015, the Plaintiff agreed with the Defendant to consult on the following measures twice with respect to the defect of the pipe of this case with the Defendant, and agreed to the following decisions:

(hereinafter referred to as the “instant agreement”) . 1. 1. the decision of the first countermeasure consultation – to replace the entire quantity of the parts resulting from Egypt V6, V5 - to replace the entire quantity of the parts resulting from Egypt V4, V2 after checking at a later time after a defect occurs.

2. The second countermeasure consultation ( June 19, 2015) - The contents of the decision shall be changed and processed in full by using inferior materials V6, V4, V5, and V2.

- The Plaintiff shall be borne by the supplier of all kinds of costs, such as costs of screening inferior materials.

- Payment of material costs shall consist of a fixed amount of working expenses (e.g., reserve amount) and payments;

(V6, V5 4,600 Lines and inners, outer covering work costs) 1,500 won per unit of the expected work costs (based on June 12, 2015)

E. According to Article 58-8 of the Enforcement Rule of the Occupational Safety and Health Act and Article 37 of the Public Notice of Mandatory Safety Certification of Protective Devices (Public Notice of the Ministry of Employment and Labor No. 2013-54) of the Ministry of Employment and Labor, the pipe distribution of the instant pipeline constitutes a product subject to safety certification, and the type or model name, size, or grade, etc., manufacturer’s name, manufacturing number, manufacturing date, manufacturing date, and safety certification number should be indicated in the product

However, part of the pipe of this case is limited to KCs marking, and there was no marking of manufacturing company and manufacturing date.

[Ground of recognition] There is no dispute.