(영문) 대전지방법원천안지원 2016.12.09 2016가합101221

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) 대전지방법원천안지원 2016.12.09 2016가합101221

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from October 5, 2015 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures semiconductor equipment, etc., and the Defendant is a company that runs the wholesale and retail business of semiconductor equipment.

B. On January 5, 2015, the Plaintiff entered into a contract with the Defendant for the production and supply of “Micro Bring Machine” (hereinafter “the instant machinery”), which is a semiconductor device, to the supply price of goods of KRW 330,000,00 (including value-added tax), and agreed that the settlement terms will comply with the mutual agreement.

C. After manufacturing the instant machinery in accordance with the said contract, the Plaintiff supplied the instant machinery to the Defendant on January 26, 2015.

The defendant did not pay the price for supply to the plaintiff up to now.

2. Determination

A. According to the above-mentioned basic facts as to the assertion on the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 330,000,000 for the supply price of the instant machinery, and damages for delay.

B. As to the Defendant’s assertion, the Defendant asserts that the Plaintiff did not supply one of the luminous parts contained in the instant machinery, and that one of the luminous parts supplied cannot be used far from the performance, and that the supply price for the instant machinery cannot be paid.

The facts that the Plaintiff completed the instant machine and supplied it to the Defendant are as seen earlier, and the contents asserted by the Defendant are merely the circumstances that can be seen as defective in the instant machine. Since there is no evidence that there is any defect as alleged by the Defendant in the instant machine, the Defendant’s assertion is rejected.

C. According to the theory of lawsuit, the defendant is obligated to pay to the plaintiff 30,000,000 won for the supply of goods and damages for delay calculated by the rate of 15% per annum from October 5, 2015 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order sought by the plaintiff.

The plaintiff is served with the original copy of the payment order of this case.

참조조문

-소송촉진 등에 관한 특례법

유사 판례

-춘천지방법원원주지원 2015.04.09 2015가단1115

-서울남부지방법원 2015.06.16 2015가단13939

-전주지방법원 2015.02.04 2013가단32859

-대구지방법원 2017.02.14 2016가단107018

-대전지방법원천안지원 2016.10.14 2016가합101856