(영문) 수원지방법원 2017.01.13 2016가단25474

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(영문) 수원지방법원 2017.01.13 2016가단25474

물품대금

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1. The Defendant’s KRW 44,80,000 as well as the Plaintiff’s annual rate of KRW 6% from May 26, 2016 to January 13, 2017.

Reasons

1. Basic facts

A. On January 26, 2015, the Plaintiff entered into a contract with the Defendant, who is engaged in the manufacturing business of textile products with the content that “the Plaintiff manufactures and supplies 29,800,000 won (including value-added tax) to the Defendant’s factory located in Vietnam, and the Defendant pays the Plaintiff the price of KRW 129,80,000 (including value-added tax). The Plaintiff completed the manufacturing and supply of machinery on April 15, 2015 and completed the trial operation at the above factory, and was prepared and delivered by the Defendant’s factory manager.

B. The Defendant received KRW 85,00,000,000 on February 16, 2015, as part of the price for the manufacture and supply of goods, and KRW 30,000,00 on November 3, 2015, and KRW 85,00,000 on January 8, 2016.

C. The instant machinery was used in the process of mixing raw materials prior to the manufacture of the product, and was developed to promote the efficiency of the mixture of raw materials process. The Defendant was used by linking the instant machinery to the “bridges”, which is a textile product production facility.

The instant machinery consists of 6 units, 6 units, and 6 units, etc. of “libba (a unit in the atmosphere to facilitate the input of materials).”

In light of the purpose of the manufacture of the instant machinery, it is important to control the distribution of raw materials so that the speed and power prior to the “switter” can be maintained at a certain level in the process of mixing them with the purpose of maintaining the quality of products.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, and 6, the purport of the whole pleading

2. According to the above facts of determination as to the cause of the claim, the plaintiff fulfilled all the obligations under the contract for the manufacture and supply of the above machinery, and the defendant is obligated to pay the plaintiff the unpaid price of KRW 44,800,000 (=129,800,000 – KRW 85,000,000) and damages for delay.

Furthermore, in full view of the health account, Eul evidence No. 4 and the purport of the whole pleadings as to the damages for delay.

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