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(영문) 수원지방법원 2017.02.09 2016나54459
물품대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Determination as to the cause of claim

A. The following facts do not conflict between the parties, or each evidence Nos. 1 and 2 and witness testimony of the court of first instance may be admitted by considering the whole purport of the pleadings as a whole.

1) On April 11, 2014, the Plaintiff is running the business of manufacturing machinery parts, etc., and the Defendant is a manufacturer of automation machinery, etc. (2) On the part of the Defendant, the Plaintiff entered into a contract with the Defendant under which the Plaintiff would produce the instant machinery and deliver and install it to the place designated by the Defendant (hereinafter “instant contract”). The main contents of the instant contract (only the part related to the instant case) are as follows.

Article 3 (Contract Amount) The total price of the instant machine shall be KRW 78,000,00 (excluding value-added tax) and shall be deposited in the Plaintiff’s account pursuant to the following Acts of payment:

1) Contract deposit (40%) : 31,200,000 won (excluding value-added tax), balance (60%) : 46,800,000 won (excluding value-added tax) at the time of conclusion of a contract, and Article 4 (Delivery) within 30 days from the date of completion of the Defendant’s machinery inspection, the Plaintiff shall deliver and install one machine at the place designated by the Defendant on July 10, 2014.

Article 5 (Examination)

1. The plaintiff guarantees the quality of machinery to display the performance of the mechanical specifications, and the defendant shall conduct an examination within 30 days of delivery date.

2. In the event of failure as a result of the examination conducted under paragraph (1), the Plaintiff shall take all measures to supplement the machinery’s performance, and Article 7 of the same Act shall apply if it is extremely impossible to do so.

3. If no notice has been given even after the lapse of the period under paragraph 1, it shall be recognized as passing through the examination, and any balance shall be paid within 30 days from the date of the examination and recognition.

3. The Plaintiff received a request from the Defendant for the supply of the instant machinery prior to the delivery date under the instant contract.

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