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(영문) 대구지방법원서부지원 2017.11.28 2016가단63351
물품대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 95,00,000 to the Defendant (Counterclaim Plaintiff) and the amount from May 2, 2016 to December 15, 2016.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by taking into account the respective entries in Gap evidence Nos. 1 to 4, 6, 8, 10, 12 and Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply) and the whole purport of the pleadings:

On March 25, 2015, the Plaintiff entered into a contract for the manufacture of crushing C (hereinafter “instant machinery”) with the Defendant (hereinafter “instant contract”).

The main contents are as follows:

Article 4 (Total Contract Price), 110,000,000 won (excluding value-added tax), including the production, transportation, installation, and trial run of Article 5 (Scope of Construction Works)

5) The period of guarantee for the addition to specifications related to estimate and estimate: 1/8Hr driving for 12 months a day and the defendant's failure occurs due to the defendant's care or use. 6) Special expendable goods: The materials to be used in the construction shall, in principle, be KS goods, be used in the construction in the form of 2 stifers AS AS PY, 10,000,000, 2-3Ton/1Hr/1Hr 1) for 1 year, and the top portion of the trial valuable goods. Article 12 (Liability) 1) If the plaintiff is unable to operate his/her equipment due to defects such as manufacturing, assembling, installation, etc. used in the construction, the repair of defects shall be performed for one year from the date of completion of the trial operation.

Provided, That expendable parts shall be excluded herefrom.

B. The Plaintiff manufactured the instant machinery and supplied it to the Defendant on March 27, 2015.

C. The Defendant asserted that the Plaintiff was the Plaintiff on April 27, 2015, KRW 99,000,000, and August 18, 2015, the Plaintiff was the Plaintiff on May 18, 2015. However, there is no evidence to deem that it was prior to August 18, 2015, the Defendant’s assertion date.

7,00,000 won was paid. D.

On April 14, 2016, the Defendant notified the Plaintiff that the unpaid amount of KRW 15,00,000 cannot be paid due to defects, use of used parts, and lack of production of the instant machinery, and notified the Plaintiff of the cancellation of the instant contract on April 29, 2016.

(e).

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