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(영문) 수원지방법원 2015.11.04 2014나32042
물품대금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. With respect to the cause of the claim, the Plaintiff is obligated to supply the Defendant with waste synthetic resin parts worth KRW 279,180,000,000, in total, from March 10, 2010 to June 30, 2013 as indicated in the following table, and received KRW 248,880,000 from the Defendant during the period from March 16, 2010 to September 17, 2013, the fact that the Plaintiff received KRW 248,80,000, in aggregate from the Defendant can be acknowledged by either dispute between the parties or by comprehensively taking into account the overall purport of each pleading as stated in subparagraphs 1 through 5. Thus, the Defendant is obligated to pay the remainder of the goods price of KRW 30,30,000 and delay damages therefrom, etc. to the Plaintiff, barring special

거래일자 공급 내역 공급가액 (부가가치세 포함) 2010. 03. 10. 콤베이 1,650,000 2010. 03. 31. 유화기 스크류 22,000,000 2010. 06. 29. 드라이 홉버/50kg 1,980,000 2010. 08. 23. 컨베어, 콤팩트 판넬, 전기 판넬 15,400,000 2010. 09. 13. 히터박스, 콤팩트, 전기 판넬 8,250,000 2010. 11. 26. 트윈 실린더 스크류 외 3종 계약금 44,000,000 2011. 01. 31. 압출기 제작 Φ180 111,100,000 2011. 01. 31. 트윈 실린더 스크류 외 3종 수리비 6,600,000 2011. 05. 23. 실린더 스크류 Φ180 44,000,000 2011. 07. 30. 로리믹서 5,500,000 2013. 06. 30. 기어박스 1,2차 Φ300 18,700,000 합계 279,180,000

2. As to the defendant's assertion

A. The Defendant asserts that, due to defects in the parts supplied by the Plaintiff, there was a problem that the machinery does not work normally due to the damage of beering of waste synthetic resin, which was manufactured by the Defendant using the above parts, and the occurrence of serious noise, etc., and that, on August 10, 201, the Plaintiff is liable for the liability of the Plaintiff, and that on August 10, 201, the amount equivalent to KRW 39 million against the Plaintiff at the time when the Defendant and the Defendant agreed to cover damages for the said defects, the Plaintiff’s claim cannot be

(b) Domins, Gap evidence Nos. 4, Eul evidence Nos. 1, 2 and 8 include various numbers;

(c).

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