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(영문) 대구지방법원 2019.08.22 2018나319458
물품대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On September 25, 2017, the Defendant: (a) entered into an agreement with the Plaintiff to manufacture 27,000 won per dog, 540 5,00 knives per dog, 18,000 knives per dog, and 150 knives per dog, respectively, and supply the Defendant by October 20, 2017; (b) the value-added tax is separate; (c) the amount of knives shall be free of charge; and (d) the amount of goods shall be paid within one week after the delivery.

B. On November 6, 2017, the Plaintiff supplied the Defendant with the Eastern Store 546 (546), Chuncheon 509 (509), and 275 (2) the front line 275 (hereinafter “the instant first supply”) and supplied us with the Eastern Store 6 and the front line 5 (5).

C. Of the first supplied goods of this case, defects, such as the defect in the string, the defect in the string, the string defect, etc. have been discovered, and the Plaintiff received 28,096,200 won as the price for the re-produced, supplied, 28,09,20 won as the price for the goods of the string, 369 stringer, 332 stringer, 192 strings, and 192 strings, from among the goods previously supplied (hereinafter “return goods of this case”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, 9, 10 evidence, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply)

2. The assertion and judgment

A. According to the above fact of determination on the claim for the price of the goods for the first supply of this case, the defendant is entitled to 171 goods (i.e., 546 - 369 items - 6), which are the remainder of the goods other than the goods returned in this case due to defects in the first supply of this case (i.e., 546 items - 369 items - 509 items - 332 items), the price of the goods to be sold to 9,35,50 won (275 items - 192- 5 items) for the front 78 items (275 items), 9,35,500 items (i.e., 171 items x 27,000 items x 177 items x 18,000 items x 78 items x 9,000 won) x 110% of value-added tax).

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