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(영문) 부산지방법원 2016.01.14 2015나42961
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

2. The defendant.

Reasons

1. Basic facts

A. On July 2013, the Plaintiff entered into a contract with the Defendant for the supply of goods as follows with respect to the construction of 2 troupes and other related parts, including the 2 troupes in accordance with the KONA’s equipment and facilities.

1. 1 RV-200A 2,380,000 2 RV-250 Slides 3 Slides GY-200,00 4 Slides GYG-200 2980,000 4 Slides YG-2340,000 230,000 4 Slides 270 270 36,200 crew 270 3.0 26,200, 000 crew 2340,005 crew 50 x 00 x 26,200 crew 200 crew 250 crew 201, 2700 crew x 270 crew 270 x 200 crew 50 crew x 270 x 2010 crew

2. Terms and Conditions for the Payment of Order: 30% of advance payment, 70% prior to delivery: Payment period on August 20, 2013: The Do Governor, to the extent possible in the Plaintiff’s factory, manufactured in accordance with our reference drawings, to the extent possible to improve performance, shall request delivery of the products other than Screw 8 to 8/14.

B. The Defendant delivered to the Plaintiff the goods of No. 1 and No. 6 from August 17, 2013, the goods of August 23, 2013, the goods of August 27, 2013, the goods of August 27, 2013, and the goods of November 8, 2013, respectively.

C. With respect to the goods No. 8 on October 18, 2013, the Defendant issued a written estimate of KRW 2,680,000 as follows.

Sub-paragraph (units: 1 GERED MTOR change 680,000 and 200,000,000 and 200,000,000 and 200,00,000,000 and 62,00,00,000,00 for storage for June 62 months, after the interior painting removal

D. On November 12, 2013, the Plaintiff remitted KRW 7,973,00,00 (i.e., the cost based on the additional estimate of KRW 5,025,00,000, in total, to the Defendant’s remainder of the goods and the costs arising from the additional estimates (i.e., the remainder).

[Ground of recognition] A. 1, 3, 7, .

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