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(영문) 창원지방법원 2016.04.21 2015가단77772
청구이의
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. At around 2013, the Defendant supplied pipes-bencing products manufactured using CNC 50FS-9 BOOSTBDER (hereinafter “instant crowdfunding”).

B. On December 27, 2013, in order to secure the Defendant’s prime quantities, the Plaintiff, who supplied the same pipe trading product to SungSStek, agreed to purchase the instant pipe trading instrument from the Defendant at KRW 230,100,000 (including value added tax). In accordance with the agreement, the Plaintiff paid the down payment of KRW 20 million to the Defendant on the same day.

Since then, according to the changed method of payment for the purchase price, the Plaintiff KRW 50 million on July 17, 2014, and the same year.

8. 1.50 million won was paid as part payments in total in KRW 100 million.

C. On August 18, 2014, the Plaintiff agreed to pay the balance of KRW 1110 million up to December 31, 2014, upon receipt of the instant crowdfunding from the Defendant.

As the Plaintiff delayed the payment of the remainder, the Defendant filed an application with the Plaintiff for a payment order against the Plaintiff, the Changwon District Court Decision 2015Da736, Kim Jong-si, which claimed for payment of KRW 110 million for purchase price and damages for delay.

On April 8, 2015, the above court issued a payment order, and the above payment order became final and conclusive around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is the automation intermediary that made it possible to cover large amounts of alkin aluminium pipes, etc. in the unique shape so that it can cover them, and around 60 degrees to 150 degrees from 150 degrees to 150 degrees, and the Plaintiff’s claim is based on a structure that moves pipes to the second event place after the first event and makes the second event more than approximately 60 degrees to 60 degrees. After the second event, the second event is made up of the structure that moves to the third event place through the pipe to cover up the pipes and makes the third event.

The instant crowdfunding is the second event.

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