beta
Text
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation established for the purpose of manufacturing automation equipment. Defendant B is the representative of D who performs the business of automation equipment, etc., and Defendant C has used the name of the representative of D with Defendant B’s husband.
B. On June 21, 2011, D entered into a contract for the supply and installation of crops with deemed Group Korea Co., Ltd. (hereinafter “YI”). The main contents are as follows.
1. Contents of estimate;
(a) 4 set 1 set: 48,000,000 won;
(b) 4 set of 16,000,000 won for 116,000 won;
2. Terms of transactions;
(a) Payment period: Within August 7, 2011;
(b) Conditions of delivery: Replacement, installation, and delivery after trial run of the designated place; and
C. Around June 23, 2011, the Defendants visited the Plaintiff’s office to manufacture 4 set 1 set and 4 set (25 tons) 1 set and 4 set (40 tons) 2 set (hereinafter “instant machinery”). The Plaintiff’s representative director E began design with the Plaintiff’s consent.
In the process, the defendants presented 50 million won as the price for goods to E, but they rejected it on the ground that E is less than the amount.
The Plaintiff completed the manufacture of the instant machinery, and D delivered the instant machinery to see it on July 31, 201, and completed installation and trial operation on August 5, 201.
E. Boan paid 164,00,000 won (116,000,000 won) as agreed upon under a contract for the installation and supply of crops in D, and D paid 66,00,000 won in total as the price for goods on October 10, 201 and October 12, 201.
[Ground of recognition] without any dispute, Gap evidence 2-1, Gap evidence 4-1, Eul evidence 13-1, and fact-finding with respect to Group Group Korea Co., Ltd. of this court, the result of fact-finding with respect to Group Korea Co., Ltd. of this court, the purport of the whole pleadings, as a whole.
2. The plaintiff's primary assertion is that the amount of KRW 66 million paid by the defendants to the plaintiff is part of the price of the goods. The plaintiff and the defendants raise objection.