(영문) 인천지방법원 2018.01.24 2017나50884

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.01.24 2017나50884

손해배상금

Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. Basic facts

A. On March 2015, the Plaintiff’s supply and demand of other construction works received the supply and demand of the other construction work from B stores to April 2, 2015, with the construction cost of KRW 31,851,000, and the construction period from March 17, 2015 to April 2, 2015.

B. On March 17, 2015, the Plaintiff purchased KRW 6290,00 (including value-added tax) 1,360,000, “UPBSC 200 (Financial Resources 600 x 600)” to the Defendant, a dealer of the other day, for the other day, and paid the purchase price to the Defendant on the same day. 2) The Defendant delivered the other day to the Plaintiff on March 18, 2015, and the Plaintiff commenced the other day construction from March 21, 2015.

C. On March 25, 2015, the Plaintiff discovered a different color and brightness among the different products supplied by the Defendant, and notified the Defendant of such fact, and suspended construction for up to three days, but without taking any particular measure, the Plaintiff resumed the instant other work without taking any particular measure.

4.2. The work was completed at around 2.

After the receipt of the contract price of the other day of the instant case, the Plaintiff agreed to reduce the contract price to KRW 10,386,000 in consideration of the circumstances that the two sides of the orderer and the other day were discovered, and received the payment.

[Based on recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 (including family numbers; hereinafter the same shall apply), the witness C, D, and E's testimony, the result of the verification by the court of the relevant trial, the purport of the whole pleadings

2. The plaintiff's assertion that "(i) confirmed the condition of the delivery by the defendant at the time of the suspension of construction work, and thereafter, the plaintiff agreed to preserve the payment of the construction work when the plaintiff was forced to reduce the construction work price from B on the ground of a different color. Thus, the defendant's payment reduced from B amounted to KRW 21,465,00.

유사 판례

-인천지방법원 2016.12.23 2015가단32195

-부산지방법원동부지원 2016.02.18 2015가단206562

-대전지방법원 2017.08.10 2016나112806

-울산지방법원 2015.04.22 2013가단17628

-전주지방법원 2019.04.25 2017나12588