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(영문) 인천지방법원 2017.01.13 2016나58676
납품대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. A. Around December 2012, the Plaintiff entered into a contract with the Defendant to manufacture and supply saggles to the Defendant, and to receive the payment from the Defendant (hereinafter “instant contract”), and as follows, produced and supplied saggles (hereinafter “saggles”) and parts thereof to the Defendant according to the Defendant’s order and provided repair services.

On December 24, 2012, 101, 101,200, 200, 200, 200, 200, 111,200, 200, 200 on December 22, 2013, 200, 14,520,000 3.250, 250, 775,000 5,000, 200, 21250, 200, 775,004, 004, 215,005, 205, 205, 10,50, 50, 100, 50,50, 500, 50,500, 500, 500, 500, 505, 205, 106, 105, 205, 2013

B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 42,345,00 (=61,545,000 - 19,200 won), which remains after deducting KRW 19,20,000 from the total amount of f1,545,000 for the production and repair of the instant sgress and parts thereof, and damages for delay.

2. Judgment on the defendant's assertion

A. The gist of the Defendant’s assertion lies in a functional defect that could not display the saggle in the saggle supplied by the Plaintiff, and the Defendant rescinded the instant contract on the ground of the above functional defect. Thus, the Plaintiff’s claim of this case is groundless.

B. The nature of the instant contract is to supply goods made of materials owned by one of the parties upon the order of the other party.

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