(영문) 수원지방법원 2020.01.30 2018나6508 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.01.30 2018나6508

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. The plaintiff asserts that at the defendant's request, the gold punishment of this case was produced and supplied to the defendant, and since the gold punishment was produced as requested by the defendant and there is no defect in its own, the defendant is obligated to pay 17,600,000 won which is the price for the penalty and delay damages to the plaintiff.

On the other hand, the so-called production supply contract under which one of the parties agrees to supply goods made of his own use of his/her own materials according to the other party's order and the other party agrees to pay the price for the manufacture. Since there are the nature of contract for work and the nature of trade in terms of supply and sale, the applicable law also has the characteristics of trade and contract. Thus, where an article to be manufactured and supplied under a contract is a substitute, the provision on sale and purchase shall apply, but where an article is a substitute for an article to meet the demand of a specific client, the supply of the article and the manufacture are made for the purpose of a contract.

In the contract for work, the burden of assertion and proof on the completion of the work is against the contractor who requests the payment of remuneration for the result of the work, and in order to complete the date of the contract for the supply of the product, the fact that the contract for the supply of the product ends once the last stage of the original scheduled work is insufficient, and the main structure of the product must be constructed as agreed and have the performance generally required by social norms. Thus, the contractor who requests the payment of remuneration for the manufacture of the product must assert and prove not only that the last process stipulated in the contract for the production of the product ends, but also that the main structure of the product is constructed as agreed and has the performance generally required by social norms.

Supreme Court Decision 2006No. 13, Oct. 13, 2006

유사 판례

-수원지방법원 2020.01.30 2018나6508

-대법원 2006. 10. 13. 선고 2004다21862 판결

-대법원 2018.01.25 2015다21431

-대구지방법원 포항지원 2021.02.02 2020가단101872

-부산지방법원 2015.01.29 2013가단82797 (1)