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(영문) 수원지방법원 2017.11.09 2016나70130
물품대금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. The scope of the judgment in this Court requested payment of KRW 127,00,000 payable out of the total amount of KRW 170,000,000 paid out of the total amount of the production and delivery of the SP-Jin automatic assembly machine (hereinafter “A machinery”), SP-Jin air testing machine (hereinafter “B”), and one set of 1 set of 1,20,000,000, which was produced and supplied to the Defendant. The court of first instance recognized that ① the manufacture of machinery was not completed, ② the manufacture of machinery was not completed, ③ only the completion and delivery of the machinery was completed, and on the premise that only the Defendant appealed against this, the judgment in this Court was limited to the amount of the manufacture and delivery of the machinery.

2.The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry or video set forth in Gap evidence Nos. 2 to 10, 12, 13, and Eul evidence Nos. 1 and 2 (including each number), respectively.

On February 21, 2014, the Plaintiff entered into a contract for manufacturing machinery (hereinafter “instant contract”) under which the Plaintiff shall manufacture machinery and deliver it to the Defendant by April 30, 2014, and the final equipment operation by May 10, 2014, and the Defendant shall pay the Plaintiff KRW 140,000,000 (excluding value-added tax) with the advance payment of KRW 43,00,000 within seven days after the conclusion of the contract, and the intermediate payment of KRW 42,00,000,000, within ten days after the completion of assembly, and the remainder of KRW 55,00,000,000, within forty-five days after the completion of assembly.

After that, the Plaintiff submitted to the Defendant a statement of transaction details on March 28, 2014 concerning the advance payment of KRW 43,000,000 (hereinafter “the advance payment”), and received the advance payment from the Defendant.

The advance payment of this case is made.

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