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(영문) 대구지방법원 2017.09.06 2015가단124788
매매대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 6,420,00 to the Defendant (Counterclaim Plaintiff) for KRW 6,420,00 and for this, from May 2, 2017 to September 6, 2017.

Reasons

1. Facts of recognition;

A. On October 6, 2014, the Plaintiff entered into a contract with the Defendant for the automatic drying machine (LC-500) for manufacturing (LC-50) on a total of 20,840,000 won (hereinafter “instant drying machine”) and for the attached articles, such as straw and poppy (hereinafter “instant sales contract”).

Accordingly, the Plaintiff installed the instant drying machine at the Defendant’s workplace, and the price was paid later.

B. After the Defendant purchased a reduction and completed the preparation of materials on a small scale, the Defendant operated a dried machine for about five days by inserting a reduction in the dried machine.

However, the dry temperature did not go up to the degree of 20 degrees above that of the upper temperature, and due to this, heung did not build a sense of fung and caused a sense of fung.

C. The Defendant requested the Plaintiff to inspect the drying machine, and as a result, the Plaintiff sent the staff and sent the electric wires to the Plaintiff, it was judged that the connecting of the electric wires was erroneous, and again connected the electric wires.

However, the Defendant, even several times thereafter, operated a reduction in the construction machine of this case, and the Plaintiff’s employee visited again to conduct an inspection. However, even though the obvious cause has not been revealed, the Defendant still did not build it properly.

The Defendant demanded the Plaintiff to compensate for material costs, personnel expenses, etc. and recover the drying machine of this case.

As to this, the Plaintiff filed the instant lawsuit seeking the price for the drying machine on November 12, 2015, without recovering the drying machine from the Defendant’s workplace.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, Eul evidence 1-1, 2, and 3-1, 3-2, witness C, and D's testimony and the purport of the whole pleadings

2. Determination:

A. The plaintiff in the principal lawsuit seeks to pay the price for the building of this case to the defendant in accordance with the sales contract of this case.

However, according to the above facts of recognition, this case was built.

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