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(영문) 대전지방법원 2020.09.08 2019나103162
물품대금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the manufacturing of industrial automation equipment, machinery parts manufacturing business, etc. in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Incheon, and the Defendant is engaged in the manufacturing of machinery, machinery, packing machinery, etc. with the trade name “G” in the Nam-gu, Incheon, E and F.

B. The Defendant ordered the mechanical manufacturing and installation work of the H 1 set of KRW 95,00,000, and the I set of KRW 105,000,000 in total of KRW 200,000.

C. The Plaintiff requested the Defendant to supply processed machinery products, such as 1 machinery necessary for the manufacture of automation equipment (hereinafter “1 machinery”) and 2 machinery (hereinafter “2 machinery”). Accordingly, the Plaintiff supplied goods to the Defendant.

On July 31, 2016, the Plaintiff issued an electronic tax invoice with the amount of KRW 19,000,000, the value of supply of the goods as the Defendant’s processed machinery products. On February 7, 2017, the Defendant paid KRW 2,00,000,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, 6, 8, 9, 10, Eul evidence Nos. 1, 7 and 12 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. The Plaintiff’s assertion 1) The Defendant sent a part of the drawings relating to the period of No. 1 to the Plaintiff, and requested the Plaintiff to process them, but did not send a separate order, unlike the period of No. 2.

However, the details processed by the plaintiff in relation to the first order of the first order exceeds the scope of the second order of the second order.

B) The Defendant first ordered the Plaintiff to “processing equipment assembly and inspection equipment for pumps” during the period of 2,00, and the Plaintiff agreed with the Defendant regarding the first processing of the period of 2,930,400 won. C) The Defendant did not send an order for the remaining processing of the period of 1,2, and requested processing by sending drawings from time to time from June 18, 2016 to July 26, 2016.

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