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(영문) 대전지방법원 2016.01.28 2015가단220051
물품대금
Text

1. As to the Plaintiff (Counterclaim Defendant) from July 23, 2010 to August 28, 2015, the Plaintiff (Counterclaim Defendant) paid KRW 94 million to the Defendant (Counterclaim Plaintiff).

Reasons

The main lawsuit and counterclaim are also finite.

1. Basic facts

A. The Plaintiff is an individual entrepreneur who is engaged in the business of manufacturing tensions with the trade name of “C,” and the Defendant is an individual entrepreneur who runs the plastic manufacturing business with the trade name of “D.”

B. On January 29, 2010, the Plaintiff entered into a contract for the manufacture and supply of goods with the Defendant to set up the “PE voltage set” (from the following to the instant machinery), and the Defendant agreed to set the Plaintiff as 30 million won in the name of the down payment out of the machine price of 94 million won (excluding value-added tax), until February 1, 2010, and 34 million won in the name of the intermediate payment, until March 20, 2010, until March 20, 2010, and 34 million won in the name of the intermediate payment, until March 20, 2010. The Plaintiff agreed to complete the manufacture of the instant machinery and install it at the Defendant’s workplace in the Dong-gu E-gu, Daejeon, upon completion of the manufacture of the instant machinery by April 20, 2010, and the period of warranty for defects from the delivery date to 12 months.

C. (1) On April 2010, the Plaintiff installed the instant machinery at the Defendant’s place of business and run a trial trial on May 4, 2010.

(2) On February 1, 2010, the Defendant paid to the Plaintiff KRW 30 million in the name of the down payment, and KRW 30 million in the name of the intermediate payment among the instant mechanical payments on March 22, 2010. Of the instant mechanical payments, KRW 15 million on June 1, 2010, among the instant mechanical payments, KRW 34 million in the name of the remainder, the Defendant paid KRW 15 million on July 7, 2010, and KRW 9 million on July 22, 2010, respectively.

On June 25, 2010, according to the Defendant’s request for repair of the instant machinery, the Plaintiff visited the Defendant’s place of business and replaced “83m/m multiples,” one of the parts of the instant machinery, and around September 16, 2010, replaced the main body with “Surra (pon type) qui” and “Surmons”.

E. On November 5, 2010, the Defendant expressed his/her intention to cancel the contract, and the Plaintiff is also running the instant machine again.

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