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(영문) 부산지방법원 2017.08.25 2016나44209
채무부존재확인
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The court of first instance rejected each of the remaining claims while accepting part of the main claim seeking confirmation of existence of the Plaintiff’s obligation and the counterclaim seeking payment of the Defendant’s goods.

Therefore, since only the defendant appealed against the part against which he lost, the scope of the trial at the trial at the court of first instance is limited to the part against the defendant.

2. The principal lawsuit and counterclaim shall also be deemed to be filed.

A. The Plaintiff is a legal entity that has its head office in Japan, and operates trade business, etc., and the Defendant is a person who engages in manufacturing business, such as electric motors and power generators, in the trade name of “C”.

B. Around June 2010, the Plaintiff entered into a contract with the Defendant to be supplied with the 150P set (hereinafter “first machinery”) of KRW 27,000,000 with the purchase price of KRW 150 P set (hereinafter “first machinery”). On November 30, 2010, the Defendant completed the manufacture of the first machinery and supplied it to the Plaintiff.

C. On April 22, 2011, the Defendant sent to the Plaintiff a set of 180P 1 set (hereinafter referred to as “second machinery”) as indicated in [Attachment List 2] by facsimile (OFER SHET). D.

On April 26, 2016, the Plaintiff remitted 1,600,000 UN to the Defendant’s account, and 21,088,000 won excluded from money exchange fees was deposited to the Defendant’s account.

[Ground of recognition] Facts without dispute, entry of Eul Nos. 1, 2, 3, 9, 10 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

3. The parties' assertion

A. The defendant asserts as follows selectively.

1) As the Defendant manufactured and delivered the first machine in accordance with a contract for the supply of goods under each contract for the supply of goods, the Plaintiff is obligated to pay 27,000,000 won for the price of goods and delay damages therefor.

B. The defendant will supply the plaintiff and the second machinery to KRW 73,00,000.

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