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(영문) 수원지방법원 2020.11.26 2019나81599
물품대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at the manufacturing and selling of freezing machinery, etc., and the Defendant is a person who engages in the manufacturing industry, such as power transmission and ice manufacturing, with the trade name of “C”.

B. Around December 2016, the Defendant asked the Plaintiff about the specifications of the Hepopter for high temperature (hereinafter “the instant goods”). On December 23, 2016, the Plaintiff sent the specifications of the instant goods to the Defendant via e-mail. On the said specifications, the Defendant stated that dusts of the persons entering 0.3 to 0.5 to 0.5 to 0, and dusts of the persons entering 0.5 to 0.5 to 0.5 to 0 if using the instant goods.

C. Since January 23, 2017, the Defendant: (a) around January 23, 2017, the temperature range from D Co., Ltd. (hereinafter “D”) located in Hong Kong (hereinafter “D”) is “from actual temperature to 500∑C; and (b) the clean level means the level of cleanliness in which the dust of at least 0.5 to 00 dust exists in the size of at least 0.5 c. 100 c. 100 c. 100 c. 100 c. 100 c. 50 c. 3 cc.). The high temperature emitting ion range means the precision that operates a film with a specific nature by adding heat to the cell phone liquid, etc. to 50 cm.

(2) On February 13, 2017, the Plaintiff sent a written order for the instant goods to the Plaintiff on February 13, 2017 at the request of the production of the instant high temperature estr (hereinafter “this case’s high temperature estr”).

On the same day, the Plaintiff issued a written estimate to the Defendant stating the two estimates of the instant goods in KRW 14,00,000 (Additional Tax separately), and on March 30, 2017, the Plaintiff issued a tax invoice of KRW 14,740,000 (i.e., the supply price of KRW 13,40,000 (=the supply price of KRW 13,40,000).

E. Upon delivery of the instant goods from the Plaintiff, the Defendant attached the instant high temperature observer produced by the Defendant, and exported the instant goods to D around April 2017.

F. However, D is the Defendant around May 2017.

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