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(영문) 인천지방법원 2018.02.07 2016가단232589
기계제작.납품대금 청구
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 65,00,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment from August 5, 2016 to February 7, 2018.

Reasons

1. Determination as to the cause of the principal claim

A. Fact 1) The Plaintiff is a person engaged in manufacturing industry machinery, etc. under the trade name “B”. On April 15, 2013, the Plaintiff is a person engaged in manufacturing industry, etc. of the Plaintiff. On April 15, 2013, the Plaintiff is a FUR SND recycling facility and DUTR COTR (hereinafter “instant facility”).

) Contracts under which the Defendant produces and delivers and is entitled to KRW 1,070,000 (value-added tax separate) for the production and delivery of the goods (hereinafter referred to as “instant contracts”).

(2) The Plaintiff, by December 16, 2013, continued to perform maintenance and repair works in accordance with the Defendant’s opinion that the noise and vibration generated in the instant facilities are serious in the load and tear, among the instant facilities, during the course of trial operation, at KRW 960,00,00 (excluding value-added tax).

3) The Plaintiff received KRW 963,00,000 in total, including KRW 18,00,000 around June 27, 2013, KRW 357,30,000 around September 9, 2013, KRW 288,00,000 around October 25, 2013, and KRW 299,70,000 around December 16, 2013 from the Defendant as the price for the production and delivery under the instant contract. [Grounds for recognition] Evidence A and evidence Nos. 1 through 7, and evidence Nos. 1 (including the number of pages), the purport of the entire pleadings, and the purport of the entire pleadings.

B. According to the above facts, the Plaintiff completed the work process under the instant contract at least until May 11, 2014, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder of the production delivery cost of KRW 93,000 [=1,056,000,000 for value (= value of KRW 960,000 for value-added tax of KRW 96,000 for value-added tax of KRW 963,000 for value-added tax of KRW 96,000 for value-added tax of KRW 963,00,000 for value-added tax of KRW 963

2. Determination on the defendant's defense and the ground for counterclaim

A. Of the instant facilities produced and supplied by the Defendant’s assertion, the costs of repairing defects are 28,00,000 won in relation to noise and vibration generated from the price of the instant facilities produced and supplied by the Plaintiff. Therefore, the Plaintiff is required.

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