(영문) 서울중앙지방법원 2012.06.29 2011가합86862 (1)

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(영문) 서울중앙지방법원 2012.06.29 2011가합86862 (1)

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a domestic company with the aim of trade agency business, etc. of other reporters, and C (hereinafter referred to as “C”) is a German company with the aim of the production, sale, and export business of other workshops, and D is a person who serves as the representative director of the Plaintiff and C, and the Defendant is a person who contracts and leases construction machinery with the trade name of “E”.

B. D on February 20, 2006, the Plaintiff made one workshop (the model name: BN60-34; hereinafter referred to as “6601”) on behalf of the Plaintiff, and the Plaintiff supplied shipment by July 25, 2006 to the Defendant by July 25, 2006. In return, the Defendant agreed to pay the remainder of 1 million won (30% of the advance payment after consultation, 40% of the intermediate payment after consultation, and 30% of the remainder at the time of submission of B/L) (hereinafter referred to as “instant first agreement”). On July 7, 2006, the Plaintiff agreed to pay the remainder of 200,000 other workshop (the model name: BN280-18; hereinafter referred to as “6601,” and the model name shall be referred to as “660,000,000,000 won, and the Defendant shall pay the remainder within 281,000,000.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, and Eul's 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the sum of 1,420,000 tons (i.e., 1,00,000 tons) under the contract Nos. 1 and 2 of this case, except in extenuating circumstances, for the remaining 7,20,000 tons, excluding the sum of 67,800 tons, for which the plaintiff was paid, and damages for delay.

3. Judgment on the defendant's assertion

A. As to the defendant's assertion, the defendant's first and second contracts of this case are as follows.

유사 판례

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