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(영문) 서울동부지방법원 2017.06.08 2015가단50812
물품대금
Text

1. The defendant has two transformers from the plaintiff (3rd 500K 380-22.9 Y1st, 3rd 600K 3rd 600 K 380-22.9 1st Y).

Reasons

1. Facts of recognition;

A. A. Around April 2014, the Plaintiff agreed with the Defendant that the Plaintiff would supply c.36,300,000 won for c.36,50 K 380-22.92 Maddddd 3,600 K 380-22.9 Y 1) to the Defendant. Around June 2014, the Plaintiff changed the said amount to KRW 52,80,000 due to the repair of the Mad Mad Mad 3,50K.

B. Accordingly, the Plaintiff supplied the Defendant with transformers, etc. on or around July 2014, and the Defendant refused to receive a part of the transformers and keeps two transformers (3:500K 380-22.9, 380K 1, 3:600K 3:600K 380-22.9).

C. Meanwhile, the defendant did not pay 25,880,000 won out of the above payment to the plaintiff.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, Eul evidence 1 and 4 (including paper numbers), the purport of the whole pleadings]

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the plaintiff the unpaid amount of KRW 25,880,000 and delay damages therefor.

B. The Defendant’s assertion (1) First, the Defendant asserts that the transformation pressure that the Defendant ordered should be supplied to the scene of solar power generation facilities in the 12-1 solar power plant in the Gangseo-gu, Seowon-gun, Seowon-gun, Sungwon-gun, Sungwon-gun, by June 25, 2014. The Defendant received the notification of the termination of the above solar power generation construction contract from the solar power generation company, the solar power generation business entity, and suffered damages from the said site. The Defendant did not have any obligation to pay the said payment to the Plaintiff.

On the other hand, as the defendant's assertion, it is not sufficient to recognize the following as to whether or not the plaintiff delayed the supply of the above transformers as to the health room, Eul evidence Nos. 2, 3, and Eul evidence Nos. 5 and 6 (including the provisional number), and there is no other evidence to recognize it. [In addition, in full view of the purport of the whole pleadings in each entry including the provisional number, the defendant repairs the above transformers to the plaintiff on June 23, 2014.

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