logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2018.01.18 2016가단28998
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 76,750,000 and the interest rate of KRW 15% per annum from January 13, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The plaintiff is a corporation that runs the business of manufacturing and installing elevators, and the defendant is a corporation that runs the construction business.

B. On March 18, 2015, the Plaintiff and the Defendant entered into a contract for manufacturing and installing an elevator (hereinafter “contract for installing the instant elevator”) with the Defendant’s artificial timber drying plant located in the Incheon Seo-gu general industrial complex, Seo-gu, Seo-gu, Incheon, with the content that the Plaintiff installed a carp at the construction site of the Defendant’s artificial timber drying plant, and the Defendant paid KRW 93,500,000 (including value-added tax) to the Plaintiff as the construction cost.

C. On October 2015, the Plaintiff established a carp at the construction site above, and the Defendant paid the Plaintiff KRW 9,350,000, which is part of the down payment and intermediate payment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 5, witness Gap's testimony, purport of whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion asserts that the plaintiff is obligated to pay 76,750,000 won due to the completion of the installation of the elevator in accordance with the contract for the installation of the elevator in this case and damages for delay to the plaintiff.

B. The defendant asserts that the plaintiff has no obligation to pay the installation price of the elevator of this case since the plaintiff installed the 4ton elevator even though the plaintiff should install the elevator of 5ton weight according to the installation contract of this case.

C. In full view of the reasoning of the oral argument as to the statement of No. 5, and witness A’s testimony, the Plaintiff and the Defendant did not specify the elevator weight in the instant elevator installation contract concluded between the Plaintiff and the Defendant. However, in the process of concluding the contract with the Plaintiff, the Defendant’s request for the installation of 4ton elevator weight and the conclusion of the instant elevator installation contract can be acknowledged.

The contract in which the weight of fiveton is written (No. 5) is between the defendant and the Tae Young Elevator Corporation.

arrow