(영문) 대구지방법원 2018.07.04 2017나316414

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.07.04 2017나316414

위약금

Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall list the attached list from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is the representative of “B” and the Defendant is a manufacturer of food and beverage processing machinery, etc.

B. On November 30, 2016, the Plaintiff entered into a contract with the Defendant to supply the instant machinery to KRW 20,000,000 (excluding value-added tax) (hereinafter “instant contract”). The main contents are as follows.

Article 1(Details of Goods under Contracts) A: Details of Goods in MH-250 B

1. Madro-conditioner devices;

2. Madrid Assy;

3. Amount of the goods referred to in paragraph (2)(C): 20,000,000 won for the goods referred to in paragraph (2)(AT separately) shall be supplied (on the date of delivery: 50 days after the contract: (a) the place of delivery shall be paid as follows: (a) the manufacturing cost of the goods referred to in Article 3 (Payment Method) for the designated place of the Plaintiff (VAT Separate) shall be paid as follows: (a) at the time of the contract: 12,00,000 - 60% (VI Separate b) supply and trial run: 8,00,000,000 - 40% (excluding VAT C separately) for the goods referred to in the electricity sector (including release equipment) for the following period:

(except for this contract price). Article 4 (Supply and trial run) The Defendant shall supply (on trial run) at the place designated by the Plaintiff within the payment period, and the trial run shall be conducted in the presence of the Plaintiff.

Article 12 If it is deemed that the defendant is unable to conduct his/her business due to delay in the payment period, the above contract deposit shall be refunded to the plaintiff.

C. The Plaintiff paid 12,00,000 won as down payment to the Defendant on the date of conclusion of the instant contract, and the Defendant supplied the instant machinery to the Plaintiff at the beginning of January 2017.

If the instant machine does not work normally, the Plaintiff requested repair to the Defendant, and the machine does not work normally despite the repair of the Defendant over several times, and the Plaintiff notified the Defendant of the rescission of the instant contract through a preparatory document dated September 25, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence No. 1, and Eul evidence No. 1.

유사 판례

-대전지방법원 홍성지원 2018.10.23 2016가단10049

-서울고등법원 2017.11.14 2017나2007758

-수원지방법원 안양지원 2018.08.23 2017가단116355

-수원지방법원 2016.09.01 2015나36997

-수원지방법원 2018.06.05 2017가단531211