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(영문) 수원지방법원 2017.02.08 2015가단107751
물품대금
Text

1. The Defendant’s KRW 43,695,00 for the Plaintiff and KRW 6% per annum from January 12, 2012 to February 6, 2015.

Reasons

1. Facts of recognition;

A. On June 13, 2011, the Plaintiff and the Defendant concluded a 112,450,000 won (value-added tax separate) agreement on the production and supply contract of the first heat sP-505 of the Hegel packing machine, and added the display machine thereafter, concluded the contract (hereinafter “instant contract”).

B. The Plaintiff manufactured machinery under the instant contract (hereinafter “instant machinery”) and supplied it to the Defendant around December 8, 201.

C. On December 16, 2011, the Plaintiff issued a tax invoice of KRW 123,695,000 in total as a person who is supplied with the Defendant.

On January 11, 2012, the Defendant paid to the Plaintiff the total sum of KRW 80 million until the payment of KRW 50 million.

[Reasons for Recognition] Facts without dispute, part of Gap 1-5, Eul 1 and two (including additional numbers), witness B and C's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff is obligated to pay the remainder of the goods price and damages for delay pursuant to the contract of this case to the plaintiff, since he manufactured the Hegel package and supplied it to the defendant as stipulated in the contract of this case. The defendant asserts that the machinery supplied by the plaintiff does not have the function required under the contract of this case and has significant defects, so the plaintiff cannot respond to the plaintiff's claim.

B. The fact that the contract for the supply of crops intends to be completed is insufficient to the effect that the date has been completed by the last scheduled process. Since the main structure of the subject matter is constructed as agreed and must have the performance generally required by social norms, the contractor claiming the payment of remuneration for the supply of crops has not only once the last process stipulated in the contract for the production of the subject matter has been completed, but also the major structure of the subject matter is constructed as agreed and generally required by social norms.

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