(영문) 광주지방법원 2017.11.28 2016가단26964

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(영문) 광주지방법원 2017.11.28 2016가단26964

물품대금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 30, 2013, the Plaintiff (C) entered into a contract to manufacture and supply in 173,00,000 won, 5 additional 34,600,000 won, 96,800, 96,710,000 won, 1 26,710,000 won, 26,71,000 won, 26,710,000 won, and 26,710,000 won, among the above contracts, for the purpose of use in the Malaysia plant (hereinafter “instant plant”); and the supply of the machinery to load at the Malaysia plant until July 20, 2013, 203, the Plaintiff agreed to enter into an agreement to manufacture and supply 30,000 won, respectively (hereinafter “instant contract”).

B. Geumsiethyl agreed to pay to the Plaintiff the amount equivalent to 30% of the price of the goods within one week after the contract of this case, and the amount equivalent to 60% shall be paid according to the progress of the manufacture of the machinery until the Plaintiff completed the manufacturing of the equipment and completed the packing condition, and the amount equivalent to 10% of the remainder shall be paid after the completion of the construction of the equipment and the completion of the trial operation at the factory of this case.

C. From May 13, 2013 to August 7, 2013, the Plaintiff received a total of KRW 188,953,000 from the Defendant’s side as the goods price for the instant machinery and equipment.

[Ground of recognition] Evidence No. 1-3, each entry of Evidence No. 1-3, No. 1-3, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff supplied the instant machinery and equipment at the parking lot of the building in Gwangju-gu, the place designated by the Defendant on January 10, 2014 due to the Defendant’s own circumstances, and that the shipment and trial run schedule for the instant machinery and equipment were postponed, and that on January 10, 2014, the Plaintiff sought payment of KRW 142,157,00 remaining after deducting the total price of KRW 331,10,000 from the total price of KRW 34,60,000 (i.e., KRW 173,000,000) KRW 96,80,800,000 for the goods of this case (i.e., KRW 26,710,000).

For this reason,

유사 판례

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