logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2016.11.09 2016가단9966
기계대금반환등
Text

1. The Plaintiff (Counterclaim Defendant) is to pay KRW 6,00,000 to the Defendant (Counterclaim Plaintiff) and to the day of full payment from June 3, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Basic facts

A. On June 15, 2015, the Plaintiff and the Defendant concluded a mechanical supply contract with the following terms (hereinafter “instant contract”).

The plaintiff, contractor, and the contractor: The supply details of the contract for the defendant: The amount of the contract for the plaintiff: 38,000,000 won (the contract amount of 40%, the intermediate payment of 30%, the balance of 30%) and the separate delivery date of value-added tax: The delay in the payment period of 60 days from the date of receipt of the contract: If the defendant fails to perform the contract on the contract date after the execution of the contract, the compensation for delay equivalent to 2/1000 of the total amount of the contract deposit shall be paid for each delayed payment of the contract date after deducting the balance of the compensation for delay equivalent to 2/1000 from the date of receipt by the defendant.

Defect warranty: Defects arising within 12 months after the installation shall be repaired or exchanged by the defendant without compensation.

However, the defects of goods caused by the negligence of care or management by the plaintiff shall be repaired at actual expenses.

B. The Plaintiff provided the Defendant with the mechanical and modified drawings prepared by the Plaintiff prior to the conclusion of the instant contract.

C. Since then, the Plaintiff and the Defendant decided to supply the Plaintiff with 10 stories and 300 stories for poppy, and determined the price for supply as KRW 6,300,000.

(hereinafter referred to as "the instant additional contract") d.

On June 15, 2015, the Plaintiff paid 10,000,000 won to the Defendant as down payment and paid 38,300,000 won each until August 31, 2016.

E. On August 15, 2015, the Defendant manufactured and supplied the instant machinery to the Plaintiff and installed the Plaintiff’s factory.

[Ground of recognition] Facts without dispute between the parties, Gap evidence 1 through 3, Eul evidence 1 (including branch numbers for those with branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The main claim and judgment

A. The instant machinery manufactured and installed by the Defendant of the main claim does not work properly.

arrow