(영문) 인천지방법원 2020.09.25 2019나61475

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(영문) 인천지방법원 2020.09.25 2019나61475

물품대금

Text

The judgment of the first instance shall be modified as follows:

The defendant shall pay 17,875,000 won to the plaintiff and 16,500 won out of the above amounts.

Reasons

1. Basic facts

A. The Plaintiff is a company that is engaged in the manufacturing business of metal products under the trade name of “C,” and the Defendant is a company that engages in waste collection and disposal business.

B. On May 24, 2018, the Plaintiff entered into a contract with the Defendant to produce and supply sets (including 23 revolving day, which consists of a total of 23 revolving day, and all the revolving day) to be installed in the scrap machine operated by the Defendant (hereinafter “instant supply contract”).

[The purpose of this case is to supply parts for scrapers owned by “A (the Defendant; hereinafter the same shall apply)” as “B (the Plaintiff; hereinafter the same shall apply)” and to regulate all rights and duties related to the stable supply of the parts and the settlement of payments for the parts.

Article 2 (Indication of Products): 840 x 82t Quantity: Total of 1,660,000 won (excluding value-added tax): 38,100,000 (excluding value-added tax): Contract price of KRW 38,100 (excluding value-added tax): 60% (2,860,000) of the supply price; Payment at the time of payment order: 40% (15,240,000) of the supply price; Payment at the time of payment order; Payment at the date of cash settlement; Payment at the date of payment: Cash settlement: Payment at the price of 40% (15,240,000 won) of the supply price; Payment at the date of a week or A: Payment at the regular settlement date after cash settlement (excluding the payment period of value-added tax) Article 5 (Method of Delivery and Delivery) of Cash (excluding the Method of Delivery).

3. B shall give effect to the completion of delivery of goods by the agent Gap or Gap designated as agent Gap after the inspection of the goods to be delivered.

Provided, That where it is difficult to carefully observe and examine the inside or defective parts of the goods supplied by Eul, even any defective goods found after Gap finished the receipt of the goods, the Gap may request Eul to replace or repair the defective goods.

Article 6 (Examination and Quality)

2. If there is any inferior goods as a result of the inspection by Gap, Eul shall immediately be the inferior goods.

유사 판례

-대전지방법원천안지원 2019.07.10 2018가단111133

-인천지방법원 2019.04.24 2018가단213834

-서울중앙지방법원 2016.10.25 2014가합501423

-수원지방법원 안산지원 2018.07.25 2017가단63743

-수원지방법원성남지원 2019.08.21 2018가단235094