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(영문) 서울남부지방법원 2015.08.12 2014가단62507
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 9,00,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from July 16, 2013 to February 27, 2014.

Reasons

A principal lawsuit and counterclaim shall also be deemed to be a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On November 29, 2012, the Plaintiff entered into a contract with the Defendant to manufacture and install 13 elevators (MRL-P13-CO60-8/8) for the 13-person new construction work of multi-household housing (including value added tax) in the 6-story building A located in Gwangjin-gu, Seoul Special Metropolitan City (hereinafter “instant housing”).

B. The Plaintiff completed the installation of an elevator under the above contract and passed a completion inspection conducted by the Korea Elevator Safety Institute on April 24, 2013.

C. However, in the design drawing of the instant housing construction permit, the elevator was marked as “13 multiple-use elevators”, and the Defendant failed to complete construction from the Gwangjin-gu Office on the ground that the elevator installed in the said house was not a concurrent use of disability.

Accordingly, the defendant requested the plaintiff to change the elevator. On June 28, 2013, the plaintiff and the defendant requested the plaintiff to remove the 13-person elevators already installed on June 28, 2013 and install the 15-person elevators for a concurrent use, and the contract price of which is to be increased to 59,400,000 won.

(E) A new contract was concluded. The Defendant installed an elevator in accordance with the instant modified contract, passed the complete inspection by the Korea Elevator Safety Institute on July 15, 2013, and the said house was completed by the Gwangjin-gu Office on July 24, 2013. F. The Defendant failed to pay KRW 9,00,000 out of the elevator price under the instant modified contract to the Plaintiff. [In the absence of dispute over the grounds for recognition, the Defendant did not pay KRW 9,00,000 out of the elevator price under the instant modified contract, and written evidence Nos. 1, 2, and 2, and the purport of the entire pleadings

2. According to the facts of the judgment on the claim of the principal lawsuit, barring any special circumstance, the Defendant shall pay to the Plaintiff KRW 9,000,000 payable under the instant modified contract and 6% per annum as prescribed by the Commercial Act from July 16, 2013 to February 27, 2014, the delivery date of a copy of the complaint of this case, from July 16, 2013 to February 27, 2014.

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