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(영문) 대전지방법원 2018.06.19 2018나327
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. While the Plaintiff, at the request of the Defendant, was engaged in mechanical manufacturing operations with the trade name “C,” the Plaintiff manufactured and installed machinery, such as the typology, typology, and sphere straw, etc. from January 2011 to April 2015. Of the price for the said machinery, the fact that the amount the Defendant paid to the Plaintiff out of the price for the said machinery was 17,550,000 does not conflict between the parties.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 17,550,000 won and damages for delay calculated at the rate of 15% per annum from November 21, 2015 to the day of full payment after the delivery date of a copy of the complaint of this case, as requested by the plaintiff.

2. The defendant's assertion argues that the plaintiff cannot respond to the plaintiff's claim until the above defects are repaired, since there are defects such as the heating of the operation of the machinery manufactured and installed by the plaintiff, direct exhaustion of the operation of the machinery, and horizontal issues.

It is not sufficient to recognize the existence of defects in manufacturing and installing the above machinery only with the descriptions of the evidence Nos. 1 and 2 of Eul, the testimony of the witness D of the first instance trial and the appraisal result of the appraiser E of the first instance trial (including the results of factual inquiry). There is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim should be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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