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(영문) 창원지방법원 2020.02.14 2017가단120038
물품대금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

(a) A counterclaim shall be deemed to be filed together;

1. Basic facts

A. On April 12, 2017, the Plaintiff received a request from the Defendant for an external production of ethyl 2,940 items listed in the attached Table 10 items, such as the name BAE, drawing number 49-068P02001, size 680m *770m *12T (1.2cm) 140m m * (1.2cm) from the Defendant (hereinafter “instant iron plate”) in 21,741,160 won (excluding value-added tax).

B. On the written request for external production (No. 3) that the Defendant prepared and sent to the Plaintiff, the steel plate of this case is produced by the rasher processing, and the processing shall be based on the mechanical processing, and the processing shall be based on the mechanical processing, and the surface after the processing shall have no defects, and no objection shall be raised by the Plaintiff.

Since then, the plaintiff and the defendant agreed that the plaintiff and the defendant shall satisfy the standards of KS D 3503 S400 through design drawings (No. 4) and the plaintiff's sampling supply.

C. On May 27, 2017, the Plaintiff produced and supplied the instant iron plates to the Defendant.

From June 2017, the Defendant refused to pay the price for the goods to the Plaintiff on the ground that a considerable number of the instant steel plates were inferior.

The appraiser C of this Court had no problem in the analysis of chemical ingredients and mechanical properties test result after conducting mechanical properties test, chemical ingredients analysis, external investigation, non-destructive test (e.g., liquid distress search test) with respect to six items kept by the defendant among the items in the steel plates in this case after visiting the defendant's factory (the sequence 6, 7, 10 is normal; 9, 9). However, the external state of the steel plates was examined by the me, as a result, by the meat and liquid distress search test, there was no problem in the analysis of chemical ingredients and the mechanical properties test. However, the appraisal data are found to have been found to have been removed from the post process of the steel plates during the pressure of the steel plates, or by the corrosion, salt, dust, etc., attached to the steel plates surface during the outer loading and maritime transport of the steel plates.

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