logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.11.23 2014가합54530
물품대금
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part resulting from the participation by the Plaintiff’s Intervenor is the Intervenor.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in textile manufacturing business, etc. with the trade name of C, and the Defendant Company is a company engaged in textile and clothing import and export business.

B. Around December 20, 2013, the Defendant Company consulted the Plaintiff with respect to the production and supply of ice spons, which will be exported to Egypt buyers, and following discussions with respect to the type and volume of the Textiles Group to be supplied thereafter, the Defendant Company: (a) on February 5, 2014, concluded that the Defendant Company was supplied by the Plaintiff for production and supply of 23,000 MTS to KRW 113,160,00,000.

(c) the contract of this case.

On April 2014, the Plaintiff completed the manufacture of the textile product of this case and intended to supply it. However, the Plaintiff refused the receipt due to the defective quality of the textile product of this case by the Defendant Company and its purchaser.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (if there are provisional numbers, including various numbers; hereinafter the same shall apply), Eul evidence Nos. 2-5 and 3, the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the claim, the Defendant Company shall pay KRW 113,160,000 to the Plaintiff who completed the implementation of the instant contract, except in extenuating circumstances.

B. As to the Defendant’s assertion, the Defendant Company asserted that the instant contract was rescinded in accordance with the Defendant’s declaration of cancellation on May 2, 2014, as there were defects such as inferior color and inferior color, etc. in the textile products produced by the Plaintiff, on the following grounds: (i) there is no dispute between the parties or upon the Defendant’s declaration of cancellation on May 2, 2014; (ii) the appraisal of appraiser D; and (iii) the results of the appraiser D’s appraisal of the FIT test institute.

arrow