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Reasons
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(영문) 수원지방법원안산지원 2017.05.11 2016가합6382
물품대금
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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. On May 14, 2015, the Plaintiff and the Defendant entered into a contract with the Defendant to supply SAWING-140I Machinery (hereinafter “instant machinery”) with KRW 297,00,000 (including value-added tax) for the payment of KRW 81,00,000 for the contract date, intermediate payment of KRW 108,000 for the contract date, and KRW 100,000 for the intermediate payment of KRW 81,000 for the remainder and value-added tax of KRW 29,70,000 after the completion of the construction (hereinafter “instant contract”).

B. On June 11, 2015, the Defendant paid the Plaintiff the down payment of KRW 81,00,000,000, and the Plaintiff installed the instant machinery at the Defendant’s factory on September 18, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion does not pay KRW 216,00,000 in total of the balance of the goods price and the value-added tax (i.e., KRW 108,00,000 in total) (i.e., KRW 81,700,000 in total) despite having been supplied with the instant machinery by the Plaintiff. At the Defendant’s request, the Plaintiff paid KRW 47,740,00 in the cost of replacing the Abboler’s work, giring and ciring work. As such, the Defendant paid KRW 263,740,000 in total (i.e., KRW 216,00,000 in total) and damages for delay to the Plaintiff.

B. The so-called production supply contract under which one of the parties to the contract of this case provides for the supply of goods made by using his own materials according to the order of the other party and the other party agrees to pay the price for the above contract. Since the legal nature of the contract of this case includes the nature of the contract of this case and the nature of the transaction and the nature of the contract of the transaction as a substitute in terms of the supply, the applicable law applies to the case where the goods to be manufactured and supplied under the contract are substitute goods, but it is an ancillary article to meet the demand of a specific ordering party.

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