logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2014.11.05 2012가단7056
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 12,056,00 to the Plaintiff (Counterclaim Defendant) and its payment from October 22, 201 to November 5, 2014.

Reasons

1. Facts of recognition;

A. The plaintiff is engaged in gold processing operations, and the defendant is engaged in mechanical manufacturing operations.

B. On July 12, 201, the Plaintiff entered into a contract with the Defendant for the supply of the following goods (hereinafter “instant contract”).

Contract Items: END FTRMING specifications: Category A, B, C, D, and 4 SET amount: 40 million won (additional tax separate supply date) and conditions: the Plaintiff supplied the above items until July 27, 201, and installed, trial run, and the Defendant recognized them as the delivery.

Compensation for delay: When the plaintiff fails to deliver contractual goods by the delivery date, the plaintiff shall pay to the defendant an amount equivalent to 5/100 of the contract amount per day of delay as compensation for delay.

C. On September 21, 201, the Plaintiff delivered the mining machine (hereinafter “instant machine”) manufactured under the instant contract to the Defendant, but recovered the said machine again for the repair of defects. On October 21, 201, the Plaintiff returned the said machine to the Defendant again.

On October 21, 201, the Defendant re-deliveryed the instant machinery from the Plaintiff on October 21, 201, and supplied it to the Bosopa Re-System Korea Limited Liability Company, and subsequently supplemented the operational problems of the machinery and re-delivery on December 7, 2011.

Pursuant to the instant contract, the Plaintiff received respectively payment of KRW 12 million from the Defendant on July 15, 201, KRW 300,000,000 on September 30, 201, and KRW 7 million on October 18, 2011.

[Ground of recognition] The facts without dispute, Eul 1, 4, and 15 evidence (including evidence with serial numbers), the fact-finding results with respect to the Bossibol System Korea Limited Company on September 23, 2013 of this Court, the purport of the whole pleadings.

2. Determination as to the principal lawsuit

A. The plaintiff's assertion 1) The contract of this case was only subject to the production of the gold type of the instant machine at the beginning of the country. However, after the conclusion of the contract, the defendant's setting, assembly, and assembly of the said machine to the plaintiff.

arrow