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(영문) 광주지방법원 2018.10.17 2018나52234
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. During the period from July 2, 2014 to October 2, 2014, the Plaintiff supplied goods (hereinafter “instant goods”) such as ethyl ethyl raying (i.e., ethyl lids used for an outer draining lids, etc.”) equivalent to KRW 53,469,100 in total at the construction site for the main construction site of the Incheon Construction Industry (hereinafter “the construction site of this case”) as the Defendant’s order from July 2, 2014 to October 2, 2014; and (ii) the Plaintiff did not receive KRW 29,239,100 out of the price of the instant goods from the Defendant, barring any dispute between the parties, the Defendant is obligated to pay the Plaintiff the price for the goods unpaid, 239,100 won, and damages for delay.

2. Judgment on the defendant's defense

A. The Defendant alleged that the construction work of this case was subcontracted to KRW 790,000,00 for the steel framed production work in the construction site of this case from the (B) well-dying River, and then the Plaintiff supplied the instant materials from the Plaintiff (hereinafter “the instant subcontract”). Accordingly, there was any defect, such as an annual fee and gap, etc., in the instant materials. Accordingly, the Defendant suffered damage from a reduction in the amount of KRW 42,00,000 for the remainder of the subcontracted construction work of this case due to the cost of replacing the instant materials. Accordingly, the Defendant’s defect repair claim against the Plaintiff for the instant materials and the reduced damage claim against the Plaintiff, which is set off against the Plaintiff’s goods payment claim against the Plaintiff, there is no amount to be paid to the Plaintiff.

B. 1) Determination 1) The result of the commission of the appraisal of defects to the appraiser A by the court of first instance (hereinafter “the result of the appraisal of this case”) is as follows: (a) the writing and image of evidence Nos. 1 through 6, and 10 through 14; and (b) the testimony of the witness A and B by the court of first instance; and (c)

In full view of the purport of the entire pleadings and arguments, there were defects, such as distance, melting and painting, and display, in the materials of this case supplied by the Plaintiff to the Defendant, which are defective.

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