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(영문) 서울동부지방법원 2020.04.22 2019나24409
물품대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On February 15, 2016, the Plaintiff issued a written estimate of KRW 68 million for the multi-use heat drying machine for the instant construction on February 15, 2016, and a written estimate of KRW 17 million for the defluorculing machine on February 22, 2016, respectively, to the Defendant, who engages in wholesale and retail business for the processing of fishery products under the trade name of C.

Around that time, the Plaintiff and the Defendant concluded a contract with the Defendant to produce and deliver the composite heat drying machine and hydrotensions (a contract amounting to KRW 84 million, value added tax; hereinafter “instant contract”).

B. At the Defendant’s request, the Plaintiff supplied the complex heat drying machine to the Defendant’s factory between June 8, 2016 and June 13, 2016, and installed from June 15, 2016.

On the other hand, on June 15, 2016, the Defendant changed the length of the hydrotension to 800m in diameter from 700m in diameter, and the Plaintiff produced the modified hydrotensions of the shooting range and supplied it to the Defendant’s factory around August 15, 2016.

C. After that, there was a dispute between the Plaintiff and the Defendant on the ground that there was no quarterly blocking device has been attached to the former panel relating to the complex heat drying machine and control tower electrical panel connection work.

After all, the defendant completed the trial run around September 20, 2016 by implementing the multi-type heat drying machine and control tower connecting construction work through Nonparty D (E).

On the other hand, the Plaintiff received 80 million won from the supply price under the instant contract through a bill settlement on August 31, 2016.

(S) (E) On December 30, 2016, the Plaintiff filed a lawsuit against the Defendant for the claim for the purchase of goods by Seoul East Eastern District Court 2016da76075, and the Defendant paid KRW 5.4 million to the Plaintiff on July 4, 2017, and the conciliation was concluded around that time).

On September 24, 2016, the Defendant: (a) 3 sets of work necessary for the construction and processing of the unfited building; (b) 14 set of loans; (c) 242 set of loans; and (d) 10,989,000 won or less.

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