logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.10.31 2016가단311441
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 October 8, 2012, the Plaintiff entered into a contract with the Defendant and Korea Overseas Power Development Co., Ltd. (hereinafter “Korea south East-dong Development”) under which the STX Heavy Industries Co., Ltd. (hereinafter “STX Heavy Industries”) contracted to the Defendant with the Defendant for a set of KRW 400 million (excluding value-added tax) for the entire part of the mooring area and the electrical part of the cancer equipment during the period of Nos. 5 and 6, which the Defendant contracted to the Defendant (hereinafter “STX Heavy Industries”), and agreed to pay the balance of KRW 44 million (including value-added tax) within one month after submitting all documents, such as the completion of trial operation, warranty of defects, and sexual records.

B. Around February 28, 2013, and June 25, 2013, the Plaintiff installed facilities under the Anglo-American equipment contract. The Plaintiff received total of KRW 396 million from the Defendant and did not receive any balance of KRW 44 million.

C. On the other hand, on May 14, 2013, the Plaintiff concluded a contract with the Defendant for the supply of equipment and operation valves in the amount of KRW 180 million (excluding value-added tax) to KRW 180,000,000 (hereinafter “contract for the facilities for the facilities for the facilities for the facilities for the new house”) and agreed to pay the balance of KRW 19,80,000 (including value-added tax) within one month after submitting all documents, such as the completion of the trial operation, the warranty, and the invoice.

On March 2014, the Plaintiff supplied all the facilities under the contract for the installation of Mapung-si, and obtained confirmation of final performance on October 1, 2014. The Plaintiff received total of KRW 178,200,000 from the Defendant and did not receive any balance of KRW 19,80,000,000.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of the supply price of KRW 63.8 million for the supply of goods (=the remainder of the contract for the facilities and equipment of Young-si, Young-si, the cost of which is KRW 19.8 million) and damages for delay.

3. Judgment on the defendant's assertion

(a) The remainder of the Contract for Educulative Equipment shall be due;

arrow