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(영문) 인천지방법원부천지원 2019.01.11 2018가단108003
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 30, 2017, the Plaintiff submitted a estimate to the Defendant as KRW 66,00,00 (including value-added tax) with respect to the permanent mix power generator (standard 250km/750 mpm; hereinafter “instant power generator”), control team (standard 300kW class), attached (standard 300kW class), and independent type server (standard 10kW/2205). On November 13, 2017, the Plaintiff ordered the Plaintiff with the same amount as the estimate for the said goods, thereby entering into a sales contract (hereinafter “instant sales”) between the Plaintiff and the Defendant, and agreed to pay 50% of the purchase price at the time of ordering the sale, and the remainder at the time of delivery, 50% of the purchase price.

B. The Plaintiff and the Defendant determined the instant sales contract, including the following:

-Special matters (or outlines);

3. Terms and conditions of delivery, as well as terms and conditions of the completion of trial operation.

7. The level of waterproof of power generators shall be at least 66 IPs and shall submit a test report of an authorized institution, such as performance;

(b)

C. On November 13, 2017, the Defendant paid KRW 33,000,000 out of the instant purchase price to the Plaintiff.

On December 18, 2017, the Plaintiff completed the establishment of the instant subject matter after delivering it to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. Since the Plaintiff’s assertion was installed after delivering the subject matter of the instant transaction to the Defendant, along with the Plaintiff’s test report, and the delivery was completed by completing the trial, the Defendant is obligated to pay the Plaintiff the remaining purchase and sale amount of KRW 33,00,000 and the delay damages from December 19, 2017, which is the day following the delivery date.

B. 1) According to the special director of the instant sales contract, the Plaintiff is obligated to submit a test report on the instant development machine, and the fact that the completion of trial on the subject matter of the instant sales contract is a supply condition is as seen earlier. 2) A’s evidence No. 3 is written.

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