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(영문) 수원지방법원 2018.04.05 2017가합17705
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 261,563,330 to the Defendant (Counterclaim Plaintiff) and its related amount from May 24, 2017 to April 5, 2018.

Reasons

1. Determination as to the principal lawsuit

A. From February 6, 2015, the Plaintiff received a request from the Defendant to place an order as to the cause of the claim.

7. Until 15., the parties concerned have no dispute over the delivery of articles equivalent to KRW 93,648,50 to the defendant by the time of 15.

2) According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff KRW 93,648,500 and delay damages therefor. (B) The Defendant’s counterclaim for offset 1) from April 4, 2014 to the same year.

5. Until January 1, 200, the Plaintiff supplied 210 parts of Wire Block J (referring to assistive equipment by drilling a hole in an accurate location in order to facilitate and accurately define processing location in mechanical processing; hereinafter “instant goods”).

Since the above goods began to be damaged from May 2014 due to defects, such as vulnerability, etc., the whole part of the goods of this case (Blade Guides, hereinafter referred to as "the whole part of the goods of this case") was damaged, and around December 2014, the whole part of the goods of this case was damaged.

B) The defect in the part of the day of this case is attributable to the plaintiff's wrong design, and the plaintiff did not perform its obligation in accordance with the terms and conditions of the contract for the supply of goods to the defendant. The defendant purchased each part of the automatic starting device (blokes and seals) from the plaintiff for the purpose of fixing the parts on the goods of this case. The defect in the part of the day of this case caused damage, such as an automatic starting starting system failure in the manufacturing process due to the defect in the part of this case. C) Since the defect in the whole part of this case is economically unrepairable, the plaintiff is 357,000,000 won (i.e., 60 won supplied on April 4, 2014) for 150,000 won + 25,000,000 won for the 60 won supplied on or around May 1, 2014, deducted the remaining 150,005,000 won for the goods of this case from 150,005,0505.

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