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(영문) 광주지방법원 2017.11.14 2016가단23651
물품대금
Text

1. The Defendant: (a) KRW 190,00,000 for the Plaintiff and 5% per annum from December 31, 2015 to July 4, 2016.

Reasons

1. Basic facts

A. On March 27, 2013, the Plaintiff entered into a contract with the Defendant to install in a free temperature room 1330-17 located in Jeonnam-gun, Jeonnam-gun, the Gamsan, the hP-F2801CB0), the air heating and cooling facilities (hereinafter “instant hump”) at KRW 350,000,000.

B. The Defendant paid to the Plaintiff KRW 20,000,000 on June 4, 2013, and KRW 21,040,000 on June 18, 2013, as the price for the said goods. On July 12, 2013, the Plaintiff supplied and installed the instant tpppppppher under the said contract through the Hain Energy Co., Ltd.

C. On the other hand, at the Defendant’s request on December 2013, the Plaintiff removed the part of the outdoor pumps in the instant case, and around August 20, 2014, when the Defendant was unable to receive government subsidies, the Plaintiff agreed to the effect that the Defendant would pay KRW 240,000,000 in the amount of the goods reduced between the Defendant and the Defendant on September 2015 in relation to the re-establishment, and that the Defendant would pay KRW 240,000 in the future, and KRW 50,000 in the amount within 10 days after the installation of the set pumps, and KRW 10,000,000 in the amount of the goods at the request of the Defendant on December 30, 2015, and KRW 70,000,000 in the amount of the goods at the request of the Plaintiff on June 30, 2016.

(hereinafter “instant agreement”). D.

On October 8, 2015, the Plaintiff re-established the instant pumps according to the instant agreement, and the Defendant paid KRW 50,000,000 to the Plaintiff on December 2, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 7, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 190,000,000 (=240,000,000 won) and damages for delay for the payment of the amount of KRW 50,000 in accordance with the instant agreement.

B. The defendant's assertion 1) The defendant set up the instant hyp pumps to cultivate hypa, and the hypa normally.

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