(영문) 수원지방법원 2018.01.12 2014나4177 | 리걸엔진

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(영문) 수원지방법원 2018.01.12 2014나4177

판넬 판매대금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 26, 2010 with B Co., Ltd. (hereinafter “B”), the Plaintiff entered into a contract for the production and supply of goods with the content that the Plaintiff supplies 1,274.78m2 (hereinafter “instant panel”) for goods to 36,115,063m2 at the site of the new construction of a new building (D factory building; hereinafter “instant building”) for non-construction and one parcel of land (hereinafter “instant building”) outside the building, and supplied the instant panel to the said site on August 11, 2010.

B. B started with November 2010, around three months after the time when the instant building was constructed by using the instant panel, and expanded from the instant panel that constituted the walls, etc. of the said building.

C. On January 31, 2013, the Defendant agreed to pay the Plaintiff the unpaid amount of KRW 31,151,120, including the instant panel, to the Plaintiff with joint and several sureties as follows (hereinafter “instant payment agreement”). By February 20, 2013, the Defendant paid KRW 11,151,120 out of the said amount.

The first day of February 2, 2013: The amount paid on February 2, 2013: 1,151,120 won: the second day of February 20, 2013: 10,000,000 won: The amount paid on March 20, 2013: 10,000,000 won: the fourth day of April 20, 2013: the amount paid on April 20, 2013: 5,00,000 won on May 20, 2013: The amount paid on May 20, 2013: there is no dispute over the fact that 5,00,000 won (based on recognition), Gap evidence 1, Eul evidence 2, 3, and the purport of the entire pleadings.

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 20,000,000 unpaid pursuant to the instant payment agreement and delay damages therefrom, barring any special circumstances.

3. Judgment on the defendant's defense of offsetting

A. The defendant asserts that the defendant has the right to claim damages in lieu of the defect repair against the plaintiff due to the defect that occurred in the panel of this case. Thus, the defendant who is the joint guarantor of the above goods price liability is the above joint guarantor.

유사 판례

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-수원지방법원 2018.04.06 2017가합19589

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