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(영문) 수원지방법원 2014.11.26 2013나40282
물품대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

3. An objection to the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 19, 2012, the Plaintiff manufactured one high voltage pumps machine (hereinafter “instant machine”) to the Defendant, and supplied it to the Defendant in KRW 62,70,000,00,000, and the Defendant paid KRW 25,080,000 out of the above payment as down payment, and paid KRW 37,620,000 after the completion of trial operation, and entered into a contract with the content that the period of free guarantee is 36 months from the delivery date (hereinafter “instant contract”).

Since then, the balance has been reduced by 33,220,000 won under the agreement of the original defendant.

B. On July 20, 2012, the Defendant paid 25,080,000 won to the Plaintiff.

C. On September 28, 2012, the Plaintiff manufactured the instant machinery and supplied it to the Defendant.

On October 16, 2012, the Defendant installed the instant machinery by connecting it with the R/O system at A’s site (R/O system) and was under trial operation in the presence of the original Defendant and the person in charge of the ordering office. The Defendant demanded the replacement of the instant machinery at the ordering office due to the occurrence of noise and vibration during the said trial operation.

The Defendant demanded the Plaintiff to resolve the noise and vibration problem of the instant machine within 48 hours immediately after the trial run, but no particular measure was taken.

Accordingly, the Defendant removed the instant machinery at the site above A, and installed high-tension pumps machinery produced by another company at the site above.

E. On November 23, 2012, the Plaintiff urged the Defendant to pay any balance under the instant contract, and the Defendant, on November 29, 2012, notified the Plaintiff of the purport that the Plaintiff will take all procedures including the claim for damages, unless any measure is taken against noise and vibration issues of the instant machinery. If the Plaintiff recovers the instant machinery until December 7, 2012 and does not refund it, the Defendant notified the Plaintiff that he will take all procedures including the claim for damages.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3, 4, 5, and Eul evidence Nos. 1 shall include the number.

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