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(영문) 광주지방법원 2018.02.06 2016가단5660
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

During the period from July 2, 2014 to October 2, 2014, the Plaintiff supplied goods, such as ethyl raying (hereinafter “instant materials”) equivalent to the total amount of KRW 53,469,100 in the construction site of the Incheon Construction Site for the Construction Industry (hereinafter “instant construction site”) as the Defendant’s order from July 2, 2014 to October 2, 2014; and the Plaintiff was obligated to pay the Plaintiff unpaid price of KRW 29,239,100 in total and damages for delay, barring special circumstances.

As to this, the Defendant received a subcontract for the steel framed production work in the construction site of this case from the (B) Gystalgygygygygygygygygygygygygygygygygygygygygygygygygygyget, and subsequently performed the construction work by receiving the instant materials from the Plaintiff, and supplied the instant materials. As such, there was any defect, such as an annual fee and a defect at intervals, etc., in the instant materials, and thereby, caused damage to the Plaintiff at a reduced rate of KRW 42 million due to the replacement cost of the instant materials. Accordingly, the Defendant asserted that there was no amount to be paid to the Plaintiff on the basis of the defect repair claim against the Plaintiff and the reduced damage claim against

In full view of the contents of evidence Nos. 1 through 6, 10 through 14, video and shape, witness A and B’s testimony, the result of the request for appraisal of defects to appraiser C by this court, and the purport of the entire pleadings, it is recognized that there were defects such as distance, melting and painting, and display, etc., supplied by the Plaintiff to the Defendant, and that there was 1,365,00 won for the repair of defects, and that there was a defect in the material of this case, i.e., the following circumstances acknowledged by the evidence of this case.

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