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(영문) 수원지방법원안산지원 2020.06.10 2019가단5970
물품대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 2,026,00 to the Defendant (Counterclaim Plaintiff) for KRW 2,026,00 and the amount from August 28, 2019 to June 10, 2020.

Reasons

1. In fact, the Plaintiff is a business entity that produces and sells drones, packing machines, etc. with the trade name of C, and the Defendant is a business entity that processes and packages drones with the trade name of D.

On January 19, 2017, the Plaintiff entered into a contract with the Defendant for the manufacture and supply of the drouter and packing machine of KRW 43,000,000 (hereinafter “instant contract”) by April 30, 2017, and received down payment of KRW 20,000,000 from the Defendant on the same day.

The plaintiff and the defendant agreed in the contract of this case that when the plaintiff cannot deliver the goods under the contract within the payment period, the amount equivalent to 3/1000 of the contract value shall be paid to the defendant as delayed compensation for one day for the delayed period. In this case, the defendant may substitute for deducting the equivalent amount from the price of the goods to be paid to the plaintiff.

The Plaintiff supplied packaging machines to the Defendant around April 30, 2017, but the string machine was supplied to the Defendant on November 10, 2017.

[Ground of recognition] Facts without dispute, Gap 1, Eul 1-3, 3, the purport of the whole pleadings

2. As to the main claim

A. The Plaintiff’s assertion of KRW 12,500,000 for the production and modification of the additional hosting machine(s) is based on the Plaintiff’s claim (hereinafter “instant hosting machine”).

As between delay in the supply of goods, the Defendant’s indemnity against the Plaintiff (hereinafter referred to as “additional hosting machine”).

) The Plaintiff proposed that the Plaintiff be punished as well as the supply of the instant string that would not meet the payment period, upon requesting the production of the additional string machine first, and that the Plaintiff would be punished. On June 2017, the Plaintiff supplied the additional string machine to the Defendant, and during the trial operation process, E (in accordance with the Defendant’s request for revision, the additional string machine was modified and the final supply was made to the Defendant.

Therefore, the defendant shall pay 8,00,000 won for additional strawing machine and revised amount of 4,500,000 won to the plaintiff.

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