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(영문) 부산지방법원 2018.04.05 2016가단36528
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the manufacturing business of industrial machinery under the trade name of “C,” and the Defendant is a company that engages in the manufacturing business of automobile parts.

B. On July 24, 2015, the Defendant was requested from D Co., Ltd. to develop the spline spline (referring to the spline arm and saw shape) among the automobile parts.

C. On July 27, 2015, the Plaintiff entered into a contract with the Defendant for the production and supply of the term air (hereinafter referred to as “the instant term air”) with the following contents (hereinafter referred to as “instant term air”). Around that time, the Defendant paid 8.4 million won the down payment to the Plaintiff.

1) By September 10, 2015, no later than 45 days after the contract was concluded, the Plaintiff produced and supplied the instant fish processing machine to the Defendant. 2) The Defendant shall pay the Plaintiff the contract amount of KRW 42 million (excluding value-added tax) to the Plaintiff, but the Defendant shall first pay the down payment of KRW 8.4 million (20%) and the remainder of KRW 33.6 million (80%) shall be paid after the trial run.

3) When the Plaintiff intends to supply the instant fish processing machine, it shall undergo an inspection conducted by the employees belonging to the Defendant designated by the Defendant, and when the inspection results show that the Plaintiff is complete, the Plaintiff shall obtain approval on completion of the inspection and submit to the Defendant the instant fish processing machine with a tax invoice or transaction statement attached to the instant fish processing machine. The price for the goods shall be paid after the completion of the said procedure. [The fact that there is no dispute over the grounds for recognition, entry of No. 1, entry of No. 1, and entry of No. 1, No. 2, and No.

2. The parties' assertion

A. The Plaintiff manufactured and supplied the instant weather processing machine to the Defendant pursuant to the instant contract.

After completing the trial operation, the defendant made a normal product and supplied it to the customer, but paid 8.4 million won out of 42 million won to the plaintiff.

The Defendant is obligated to pay to the Plaintiff the balance of the goods price of KRW 33.6 million (= KRW 42 million – KRW 8.4 million) and delay damages.

(b) the defendant.

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