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(영문) 의정부지방법원 2016.11.23 2016가단8510
물품대금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay KRW 65,00,000 to the Defendant (Counterclaim Plaintiff) and KRW 15,000,000 among them.

Reasons

1. The facts of recognition (1) Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is a merchant who manufactures special gold-type, etc., and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is a merchant who manufactures clothes, raws, etc.

(2) The Defendant intended to produce clothing and punch products necessary for the original processing, and requested the Plaintiff to produce gold necessary for the production of the said products, and the Defendant, on July 6, 2015, entered into the instant supply contract between the Plaintiff and the Plaintiff, with the following content:

B. On July 8, 2015, the Defendant paid 15 million won to the Plaintiff as down payment.

The payment period of the price of the object gold;

1. Gold-m penalty (12 million won);

2. Lmond 33 million won in total (hereinafter “the gold type in this case”) - down payment of 15 million won (up to July 16, 2015) - intermediate payment of 12 million won (up to July 31, 2015) - Balance of 6 million won in total (up to July 31, 2015) (up to August 13, 2015), which the Defendant intended to produce through the gold type in this case, was installed with gold type to be supplied by the Plaintiff to the franchise machine, which is the basic equipment in the Defendant factory, and in the event that the equipment was manufactured by inserting raw materials, it is the structure and shape that is produced in the form of spon-type in accordance with the above gold shape.

이 사건 금형은 “” 모양(라운드 금형)과 “◇” 모양(다이아몬드 금형)의 금형으로서 피고의 제작공정에 맞추어 특별히 주문된 사양이었다.

(4) The Defendant paid the intermediate payment to the Plaintiff on July 31, 2015 pursuant to the instant supply contract, but the Plaintiff failed to commence any work until the said date, and thus, the Defendant did not pay the intermediate payment to the Plaintiff.

(5) On September 2015, the Plaintiff provided the Plaintiff with a “gold-mnicking gold-type” of 9m around September 2015, but the Defendant’s franchise machine and width were not consistent.

Accordingly, the defendant judged that the plaintiff has no ability to produce gold punishment, and on 2015.

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