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(영문) 전주지방법원 2016.05.27 2015나6909
물품대금
Text

1. Items 1 and 2 of the judgment of the court of first instance, including the plaintiff's claim extended and added in the trial.

Reasons

A. The reasoning for this part of the judgment of the court is as stated in the reasoning of the judgment of the court of first instance, in addition to the following parts, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

① On the 2nd page 11 of the judgment of the first instance court, the “Defendant Company”, the 3rd page 2 through 3, the 3rd column 5 “Defendant Company”, and the 3rd page 9 “Plaintiff” are respectively the “Defendant Company”.

② From No. 2, No. 19 to 20, No. 3, “Standard (m) 200*200*15(30), volume 20*15(30), unit price 300,000 each unit price of the instant sculpture shall be determined and conclusive,” and “On the other hand, the Plaintiff made the instant sculpture with the Plaintiff, and the Plaintiff made it with approximately 200*200*15(30), and the Defendant made a contract with the Plaintiff to pay KRW 300,00 per unit price (hereinafter “instant contract”), and the Plaintiff shall be considered as “The Plaintiff.”

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion 1) In the first place, the Plaintiff completed 20,00 won as of the same day upon the Defendant’s request that 20 of the instant sculptures be produced at the time of the instant contract, and the Defendant asserts to the effect that the Plaintiff should pay to the Plaintiff the Plaintiff the amount of KRW 6 million (i.e., KRW 300,000 x 20) and damages for delay from August 16, 2012, which is the completion date. 2) Even if the Defendant rescinded the instant contract on August 16, 2012 before the Plaintiff completed the entire 20 of the instant sculptures, the Defendant asserts to the effect that the Plaintiff should pay the Plaintiff the amount of material costs and the amount of damages for delay from August 15, 2012, which was the completion date.

B. The defendant's assertion does not request the plaintiff to produce 20 sculptures of this case at the time of the contract of this case.

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