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(영문) 대구지방법원 김천지원 2018.04.05 2016가단4873
제작대금
Text

1. The Plaintiff (Counterclaim Defendant) orders from the Defendant (Counterclaim Plaintiff) on April 20, 2015 by the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person who manufactures machinery, etc. with the trade name of Gu and Si C, and the Defendant is a person who manufactures automation equipment, etc. with the trade name of Gu and Si E and G in Gu and Si E and F.

B. On February 3, 2015, the Defendant entered into a contract with H (hereinafter “H”) on the supply of 1st and pool 1st (hereinafter “instant machinery”). On April 20, 2015, upon requesting the Plaintiff to manufacture the instant machinery, the Defendant sent the order form for the instant machinery to the Plaintiff.

(hereinafter referred to as the “instant order,” and the machinery supply contract between the Plaintiff and the Defendant, which was made under the said order, shall be referred to as the “instant contract”).

Around June 1, 2015, the Defendant and the personnel in charge of H conducted trial operation and inspection at the Plaintiff’s factory to conduct the test operation and inspection of the instant machinery, and determined that it would be possible to use the instant machinery for precise adjustment by installing it in the factory, and that it would be possible to install the instant machinery at the H factory around June 10, 2015.

In the process of trial operation and inspection, the Plaintiff and the Defendant installed the instant machine in H’s factory, and the Plaintiff’s director, the Plaintiff’s director, shocked strawer’s strawer with string off and string up strings.

E. After that, the instant machines were not properly designed but could not perform normal work even through complementary work.

The Defendant requested repair to the Plaintiff several times, and the Plaintiff refused to repair the machinery on September 2015, while the Plaintiff did not resolve the above problem.

F. Ultimately, the Defendant did not supply the instant machinery to H and produced new machinery through another company, and supplied it to H.

The machines of this case are currently kept in the defendant's warehouse without being actually used.

[Ground of Recognition] Unsatisfy, Gap Nos. 1, 2, and .

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