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(영문) 부산지방법원 2015.01.29 2013가단82797 (1)
납품비용
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 17, 2011, the Plaintiff asserted that: (a) the Defendant was awarded a contract for the production of the M-250 heads of gold bars; (b) on February 14, 2011, the Defendant delivered the gold paper to the Plaintiff on or around February 14, 201; (c) the product was not in compliance with the standards; (d) the product was delivered on or around March 1, 201 due to the correction of the gold paper; and (e) the re-produced product was not put into place for correction; and (e) the Plaintiff finally delivered the gold paper on or around June 2012; (e) the Defendant paid the down payment of KRW 13,154,410 for the remainder and repair cost; and (e) the Defendant did not assert any defect or defect in the gold paper; and (e) at the time of correction of the gold paper, the Defendant refused the payment of KRW 31,215,690 for the reason of the defect in the instant lawsuit.

However, in the contract, the contractor who claims the payment of remuneration for the completion of the work in the contract for work is liable for the performance of the work, and in order to have the completion of the work in the contract for manufacturing, the contractor who claims the payment of remuneration for the completion of the work is not sufficient to say that the contract for manufacturing is completed by the last process of the original scheduled date, and that the main structure of the object is constructed as agreed upon and must have the performance generally required by social norms. Therefore, the contractor who claims the payment of remuneration for the manufacture of the object has to prove and prove not only that the last process prescribed in the contract for the manufacture of the object has been completed, but also that the main structure of the object has the performance generally required by social norms.

In this case, the Defendant supplied a plaque using gold punishment supplied by C, but there was a need to produce a new gold punishment at the request of C to lower the unit price of the product, and thus, the Defendant provided the Plaintiff with the existing gold punishment and design drawings.

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