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(영문) 수원지방법원 오산시법원 2018.06.28 2017가단2209
청구이의
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 June 13, 2016, the Plaintiff entered into a contract with the Defendant for the supply of goods to be supplied with system windows (e.g., crowdfunding products) at KRW 744SE amounting to KRW 70,440,000. The Plaintiff ordered the change of the design of system windows, and subsequently, ordered the change of the order with the content of adding “b,” while reducing the size of the windows opened according to the contents as ordered by the ordering person, to add “b,” and reducing the total size of system windows.

B. Accordingly, the Defendant, upon consultation with the Plaintiff, separately produced traffics due to the lack of gold strawing in which “bab” is added to the middle of the windows, and then delivered the said system title upon the Plaintiff’s request, after consultation with the Plaintiff to set the windows at the site.

C. From September 1, 2016, the Defendant filed a claim for the initiation of additional supply with the Plaintiff. On June 1, 2017, the Defendant issued a tax invoice equivalent to KRW 21 million for supply value, and filed a lawsuit against the Plaintiff for the claim for the payment of the said additional goods at this court. This court decided to grant the instant recommendation for execution to the effect that “the Plaintiff shall pay KRW 23.1 million to the Defendant (including additional taxes) and its delay damages,” and the said decision for performance recommendation was finalized as it is.

[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's 2 through 6 and Eul's 1 to 6 (including additional numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the plaintiff is obligated to pay the defendant the above price of 23.1 million won for the above goods and damages for delay.

The plaintiff does not increase the price of the goods if there is no change in the weight of the window that is supplied even if the price of the goods is calculated based on the weight of the window that is ordinarily supplied at the construction site, and the price of the goods is established according to the plaintiff's order of change of design.

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