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(영문) 수원지방법원안산지원 2017.12.22 2016가단5788
물품대금
Text

1. As to KRW 36,010,126 among the Plaintiff and KRW 10,698,80, the Defendant shall pay to the Plaintiff KRW 25,31,326.

Reasons

1. Facts of recognition;

A. On July 11, 2015, the Plaintiff produced and supplied 132 samples of the printed circuit board for the purpose of collecting hot water at the Defendant’s request, and agreed to the price of KRW 350,000.

B. On July 17, 2015, the Plaintiff entered into a contract with the Defendant to manufacture the printed circuit board products for the purpose of collecting and supply them to the Defendant (hereinafter “instant contract”), and the supply quantity is 80,000, and 50,000 of them are to be supplied until August 2015, and the price was set at KRW 768 per unit.

C. Accordingly, the Plaintiff supplied the Defendant with 2,700 on July 25, 2015, 5,400 on July 28, 2015, and 5,375 on July 31, 2015.

On July 30, 2015, the Defendant notified the Plaintiff of the suspension of additional shipment and production on the ground of quality problems, and conducted quality analysis by September 2015.

E. Around December 2015, the Plaintiff requested the Defendant to supply the product produced under the instant contract. Around December 2015, the Defendant expressed his/her intent to refuse to receive the product and claim compensation for defects.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. The instant contract on the cause of the claim is a contract for the supply of crops that the Plaintiff would produce and supply goods in compliance with the specific demand of the Defendant, and is recognized as terminated by the Defendant’s declaration of intent around December 2015. Therefore, barring any special circumstance, the Defendant is liable to pay remuneration for the completed portion to the Plaintiff and compensate for damages for the completed portion.

(Article 673 of the Civil Act). Since the fact that the plaintiff manufactures and supplies 132 sampling and 13,475 items at the defendant's request is as seen earlier, it is recognized that the price is KRW 10,698,800 (=350,000 +13,475 x 768).

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