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(영문) 대전지방법원 2018.09.19 2017가단19729
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 2, 2017, the Defendant participated in a tendering procedure for the supply of D products ordered by the Army Headquarters and was selected as a contractor. On January 2, 2017, the Defendant concluded a contract between the Plaintiff and the Plaintiff for the supply of goods (hereinafter “instant goods”) with an amount equivalent to KRW 51,73,000 in total of the said products (Estandard 1,572, F Specifications 126, G Specifications 463, and hereinafter “instant goods”).

B. The Plaintiff on April 5, 2017, 440, and the same year

4. 12.23, 23. The same year.

5.3. 114, 190

5. 17.1,182 Products were delivered to the Defendant.

C. On May 22, 2017, the Defendant sent to the Plaintiff a content-certified mail to the effect that the Plaintiff did not observe the payment period and the Plaintiff’s rescission of the instant goods supply contract due to the defect in the supplied goods, which led to the Plaintiff around that time.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1-1, Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion

A. The purport of the Plaintiff’s assertion was that the price for the goods under the instant contract for the supply of the goods was KRW 56.87 million (including value-added tax; hereinafter the same), but the Defendant only paid KRW 15 million among them. Thus, the Defendant is liable to pay the remainder amount of KRW 418.7 million to the Plaintiff.

B. The gist of the Defendant’s assertion is that the Plaintiff supplied the instant product after the lapse of the payment period agreed with the Defendant, and the Plaintiff rescinded the instant goods supply contract on May 22, 2017 due to defective quality in the instant product. Therefore, the Defendant did not have the obligation to pay the price for the goods to the Defendant.

3. Determination

A. The following circumstances are acknowledged based on the aforementioned evidence and evidence Nos. 2, Eul evidence Nos. 3-1 through 4, Eul evidence Nos. 9-2, and Eul evidence Nos. 11 and the purport of the whole pleadings, namely, ① the payment period for the instant products on December 29, 2016.

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