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(영문) 인천지방법원 2017.02.03 2016나54063
물품대금
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 16,660,710 for the Plaintiff and its related costs from August 19, 2015 to September 2015.

Reasons

1. Determination on the cause of the claim: (a) the Plaintiff supplied the Defendant with the sum of KRW 22,461,340 from August 6, 2014 to November 25, 201 of the same year; and (b) the Plaintiff was not paid KRW 16,660,710 out of the price of the said goods by the Defendant, on the grounds that there is no dispute between the parties; and (c) the Defendant is liable to pay the Plaintiff the unpaid amount of KRW 16,660,710 and delay damages therefor.

2. On the Defendant’s assertion, the Defendant asserts that, around November 2014, the instant sales contract was cancelled based on the seller’s warranty liability as stipulated under Articles 580(1) and 575(1) of the Civil Act, the Plaintiff’s exploitation occurred in the shipbuilding company for the main goods supplied to the Defendant. Accordingly, the Defendant could not normally perform the manufacturing work of the main goods by using the Plaintiff’s investigation for the cases of soft delivery supplied by the Plaintiff.

Pursuant to Articles 580(1) and 575(1) of the Civil Act, in a case where a defect exists in a specific object designated as a kind of object to be sold, the buyer may rescind the contract only if such defect makes it impossible to achieve the purpose of the contract due to such defect, and where the defect does not reach the extent that the purpose of the contract could not be achieved, the buyer may only claim damages. The following circumstances, namely, the Defendant’s calculation of working standards in the course of performing the manufacturing of alcoholic beverages by using a case investigation supplied by the Plaintiff is deemed to be the Defendant’s inherent business. The Defendant did not find the cause even though discussed the problems of the phenomenon of delivery and delivery with the relevant companies including the Plaintiff on November 8, 2014, but did not find the cause thereof, and thereafter, he was supplied with the Plaintiff with the construction of related products from the Plaintiff on June 25, 2015, the Plaintiff’s employees on June 22, 2015 and the Plaintiff on the construction price of related products.

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