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(영문) 창원지방법원 2014.08.14 2013가합31854
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 10, 2010, the Plaintiff entered into a sales contract with the Defendant to supply Article 1 of CNC Line (hereinafter “instant sales contract”). The sales contract for the goods (Evidence A No. 1) is as follows.

(1) Item name: CNC DYN-26 (2): 2,600 x 8,000 x 8,000 x 2,600 m2,400 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,000 m2,00 m2,000 m2,00 m2,00 m2,00 m3,00 m3,010 per annum.

B. The defendant, around June 9, 2010, KRW 123,082,300, and the same year

7.2.Woman 127,975,200 won, and the same year.

8. Around February 27, 201, around KRW 106,090, and around February 5, 201, paid KRW 621,254,090, including KRW 264,106,590.

C. Around December 2010, the Plaintiff supplied the Defendant with CNC Line with a wing size of 2,250 meters at 2,250 meters (hereinafter “instant fleet”). Around that time, the Defendant began to use the instant fleet.

On January 6, 2011, the Defendant asked the Plaintiff to take necessary measures against the Plaintiff on the following grounds: (a) the Plaintiff: (b) on January 6, 201, the Plaintiff supplied and installed CNC Line’s construction section; (c) there was a defect in low-tension and low-tension and cable duct damage, etc.; and (d) the Defendant demanded the Plaintiff to take measures against such defect; and (c) on February 1, 2011, within June 20, 2011, the Defendant stated that “the wing scale in transit through the construction section shall be 200 meters high-tension BASE and shall be fundamentally removed from a low-tension phenomenon, such as high-tension BASE new production,” and the Plaintiff did not take measures to increase the wing size in passing through the construction section of the instant team until the closing date of the instant pleadings.

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