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(영문) 대구지방법원 2016.07.07 2014가단45970
물품(기계)대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. The Plaintiff, based on the mechanical sales contract entered into with the Defendant, supplied machinery and sought payment of KRW 49.3 million out of KRW 179.3 million (including value-added tax).

B. Comprehensively taking account of the overall purport of the arguments in the statement in Evidence Nos. 1 and 2, the Plaintiff entered into a sales contract with the Defendant on March 17, 2014, setting the sales price of KRW 100 million (excluding value-added tax) and KRW 63 million for LKH-1235 1, which was manufactured by the German KH-100, and selling the same (hereinafter referred to as “the instant machinery,” among the said machinery, and “the instant sales contract”), and on August 28, 2014, the Plaintiff installed the instant machinery inside the Defendant’s factory.

In addition, the fact that the plaintiff was paid KRW 130 million among the above payments is the plaintiff.

C. Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder of KRW 49.3 million out of the purchase price of the instant machinery (i.e., value-added tax of KRW 163 million, which is KRW 163 million, - KRW 130 million already received).

2. Judgment on the defendant's assertion

A. The defendant asserts that since the contract of this case is cancelled on the grounds of defects in the machinery of this case, the defendant is not obligated to pay any balance, and that the purchase price already paid should be refunded.

(b) In full view of the health room, Gap evidence No. 1, Eul evidence No. 10-1, No. 10-9 and images, and the on-site inspection results of this Court, the appraiser B's each appraisal results, and the whole purport of the arguments as a whole, the following facts can be acknowledged.

1. The Defendant purchases the instant machinery manufactured by Germany’s knife from the Plaintiff for the purpose of cutting off steel plates from 7m to 72m thick.

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