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(영문) 창원지방법원 2017.07.06 2016나56834
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On November 19, 2014, the Plaintiff supplied the Defendant KRW 6,600,00 (including value-added tax) five 3D printers (the model name: MY140; hereinafter “instant 3D printers”) manufactured by the Plaintiff, to the Defendant, KRW 21,00 (including value-added tax) on January 15, 2015, and KRW 924,000 (including value-added tax) on May 25, 2015.

B. On July 4, 2014, the Defendant issued a model name regarding the instant 3D printer, which the Plaintiff agreed to receive from the Plaintiff, “NX-3DP-150”, and “B” to the Defendant’s operation of the Defendant. On July 7, 2014, the Defendant registered the said 3D printer (the model name: NX-3DP-150) on its website.

C. As above, the Defendant entered into a contract with the Public Procurement Service with multiple suppliers with respect to 3D printers registered as a sale product. On August 20, 2015 and September 9, 2015, the Public Procurement Service requested the Defendant to submit the electrical safety certification document for 3D printers that entered into a contract with the Defendant with a multiple suppliers, namely, the document of electrical safety certification for the 3D printers, namely the document of contract model, the KC safety certification (certificate of safety verification) or the supplier assurance document.

However, the defendant did not submit the above documents for the electrical safety certification, and the Public Procurement Service notified the defendant that the transaction will be suspended from September 21, 2015 until the submission of the documents for the electrical safety certification.

【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 4, Eul's 1, 2, 6, and 7, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of KRW 8,844,000 per annum from January 12, 2016, which is the day following the service of the original copy of the instant payment order, to the day of full payment, 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from the following day of the service of the original copy of the instant payment order.

B. Judgment on the defendant's defense of offsetting.

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