(영문) 대전지방법원 2018.06.27 2016가단221211

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2018.06.27 2016가단221211

계약이행 등 청구의 소

Text

1. The defendant shall receive the list of the attached marks from the plaintiff (including the installation) and at the same time, 41,000.

Reasons

Basic Facts

On January 13, 2011, the Plaintiff and the Defendant entered into a contract with the Defendant’s factory to manufacture and install a 40 ton click (facilities transporting equipment containing metal scrap) and a 20 ton click, and to repair and repair a click with a 10 ton click.

The construction period of the above contract is from January 14, 201 to February 20, 2011; the price is KRW 148,500,000; among them, the production and installation cost of 40 tons of crews is KRW 82,50,000.

Within the agreed period, the Plaintiff installed a list of the attached specifications of 40 tons.

However, as long as the defendant has not yet been established, there has been defects in the attached list to the plaintiff from the date of installation, and furthermore, it has been constantly raised that it is only 35 tons, unlike the indication of standards.

On July 17, 2013, the Defendant needed to increase the volume of the family list, and the following agreements (hereinafter referred to as the “instant agreement”) have been reached between the Plaintiff and the Defendant:

By August 8, 2013, the Plaintiff changed the existing 40 tons list to the Defendant with a 50 tons list.

The defendant shall bear KRW 10,000,000 out of the replacement construction cost.

Attached Form

The list of marks shall be accepted by the plaintiff and delivered again to the defendant, and the payment shall be KRW 41,00,000.

As of July 17, 2013, the credit debt owed to the defendant and C corporation as of July 17, 2013 shall be deducted as compensation for damage to the defendant.

In accordance with the agreement of this case, the plaintiff collected a list of attached marks and newly installed a list of 50 tons instead of removing a list of attached marks at that time.

After that, the plaintiff accepted the list of attached marks and demanded to pay KRW 41 million to install it, but the defendant did not comply with it.

[Reasons for Recognition] A. 1 to 4 evidence, Eul's evidence 1, and Eul's claim for the payment of the purchase price.

유사 판례

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