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(영문) 창원지방법원 2016.09.22 2015가단8141
물품대금
Text

1. The defendant (Counterclaim plaintiff) A fishery partnership corporation and the defendant B shall be jointly and severally liable to the plaintiff (Counterclaim defendant) for KRW 118,235,512 and they.

Reasons

The main counterclaim is also considered.

1. Basic facts

A. The Plaintiff is a company that manufactures and sells the ice pumps drying machine used in the Kim dried Factory, and Defendant A fishery partnership corporation is a company that operates the Kim Production and Processing Business.

B. On October 22, 2013, the Plaintiff is affiliated with Defendant A fishery partnership corporation, and the Plaintiff is affiliated with Defendant A fishery partnership corporation to use for the construction of Kim.

1. The Defendant A fishery partnership corporation entered into a contract to sell six pumps in the list to 270,600,000 won (including value-added tax) for the establishment of a factory operated by the Defendant A fishery partnership corporation;

(hereinafter “instant contract”). According to the instant contract, Defendant A fisheries partnership paid the Plaintiff a down payment of KRW 90,50,000 on the date of the contract, and the remainder KRW 180,000,000,000 per month from December 15, 2013 to May 15, 2014, paid in six months each month in six months, but paid damages for delay at the rate of 18% per annum.

On the same day, Defendant B guaranteed Defendant A fishery partnership corporation’s obligation to pay the price to the Plaintiff.

C. Around November 2013, the Plaintiff manufactured and supplied six string pumps to Defendant A fishery partnership corporations (hereinafter “instant string pumps”). D.

Meanwhile, the Defendant paid to the Plaintiff KRW 90 million on October 22, 2013 as the price under the instant contract, KRW 80 million on April 11, 2014, and KRW 5 million on February 17, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 (including virtual number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) As the Plaintiff completed the manufacture of the instant pumps pursuant to the instant contract and delivered them to the Defendant, the Defendant is obligated to pay to the Plaintiff any balance remaining after appropriation of the price of the goods for the remainder of KRW 104,216,439 and any damages for delay thereof. 2) No error exists in the instant pumps.

The defect is even the defect.

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