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(영문) 부산지방법원 2019.11.28 2018나58554
물품대금
Text

1. Of the parts concerning the counterclaim against the judgment of the court of first instance, the following amounts shall be the amount ordered to be paid:

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

A. Since its establishment on December 11, 2001, the Plaintiff engaged in the manufacture, sale and repair of cooling and freezing machines in Busan. From the end of 2010, the Defendant has been running sea water retail business selling sea water to nearby fish and shellfish retailers in the name of “C” in Incheon from the end of 2010.

B. On December 27, 2010, the Defendant entered into a contract with the Plaintiff to purchase the five air-conditioning pumps (hereinafter “instant HP”) from the Plaintiff on KRW 150,000 (excluding value-added tax) (hereinafter “the sales contract as of December 27, 2010”).

C. The plaintiff was above B.

Around April 22, 2011, the two-month period from the date of the payment stipulated in the clause of the claim ( February 15, 201) to the Defendant’s place of business. D. The five pumps were supplied at the Defendant’s place of business.

On the other hand, among the contract of the sales contract of December 27, 2010 (Evidence B No. 1-2 of the evidence No. 1-2 of the contract of this case, the term "25 mama (HP; hereinafter the same shall apply)" is written as the specification column of the contract goods, and the term "a estimate issued by the plaintiff to the defendant at the time of the conclusion of the contract"

In addition, the subject matter of the above contract is 25 masts per unit, 75 ccal/h's cooling capability, 85 ccal/h's hosting ability, and the guarantee period is 18 months after the delivery. However, although the subject matter of the contract is indicated to be 20 maths per unit.

E. From the point of time one year has not passed since the Defendant’s place of business was established, the amount of five fee for the instant set pumps did not work properly over several times during the period from the time of the instant lawsuit to the time of the instant lawsuit. While the repair engineer F, etc., sent by the Plaintiff, etc., was difficult to repair the set-off from the Defendant’s place of business or set-up through inspection, other set-off pumps or already repaired pumps are resumed.

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