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(영문) 부산지방법원 동부지원 2018.09.06 2015가단15407
물품대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 44,00,000 to the Defendant (Counterclaim Plaintiff) and its related amount from May 19, 2016 to September 6, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Since its establishment on December 11, 2001, the Plaintiff engaged in the manufacture, sale and repair of cooling and freezing machines in Busan. From the end of 2010, the Defendant has been running sea water retail business selling sea water to nearby fish and shellfish retailers in the name of “C” in Incheon from the end of 2010.

B. On December 27, 2010, the Defendant entered into a contract with the Plaintiff on the purchase of five air-conditioning pumps (hereinafter “instant tamp pumps”) from the Plaintiff on KRW 150,00,00 (excluding value-added tax) (hereinafter “instant sales contract”) with the Plaintiff as the introduction of the representative E of the water testing chain D (hereinafter “instant tamp pumps”).

C. The plaintiff was above B.

Around April 22, 2011, the two-month period from the date of the payment stipulated in the clause of the claim ( February 15, 201) to the Defendant’s place of business. D. The five pumps were supplied at the Defendant’s place of business.

On the other hand, the contract of the sales contract of December 27, 2010 (Evidence B No. 1-2 of the evidence No. 1-2) stated the "25 Mama (HP; hereinafter the same shall apply)" in the specification column of the contract goods, as well as the "written estimate issued by the plaintiff to the defendant at the time of the conclusion of the contract" as the "written estimate" of this case.

In addition, the subject matter of the above contract is 25 masts per unit, 75 ccal/h's cooling capability, 85 ccal/h's hosting ability, and the guarantee period is 18 months after the delivery. However, although the subject matter of the contract is indicated to be 20 maths per unit.

E. However, from the time one year has not elapsed since the Defendant’s place of business, five of the instant fee was not set up, until the time of the instant lawsuit, the period from the time when the instant lawsuit was filed to the time when one to two prices were set up, and the repair engineer F, etc. sent by the Plaintiff, from time to time at the Defendant’s place of business, has been difficult to repair or set up again through an inspection of the set pumps, but it is difficult to do so.

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