(영문) 대구지방법원서부지원 2016.11.18 2016가합135

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(영문) 대구지방법원서부지원 2016.11.18 2016가합135

매매대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 31, 2012, the Plaintiff engaged in the business of manufacturing automobile parts, with the name of “B”, entered into an agreement with the Defendant on the purchase of the machine as an instrument processing machine (the size is 3.5m x 4.5m and the quantity is 1 Line, which consists of the set of 3 set of Roring Rom, 1 set of Sprilom, and 1 set of Cleling Rom; hereinafter “instant machine”) at 126.5 million won as follows (hereinafter “instant sales contract”); and pursuant to the agreement, the Plaintiff paid the down payment 70 million won (50 million won) by September 11, 2012 (hereinafter “instant sales contract”).

(1) By September 26, 2012, the Defendant supplied the instant machinery to the Plaintiff’s factory and bears the responsibility for the test operation and technical guidance of the instant machinery.

r. The Plaintiff shall pay the remainder of KRW 70 million on the date of the contract, and the remainder of KRW 565 million shall be paid within five days after the completion of the machinery installation.

Reference. The maintenance period of the instant machine shall be 12 months from the date of supply, and the Plaintiff’s fault shall receive some parts of the cost of parts and repair expenses.

B. On October 2012, the Defendant manufactured the instant machinery and installed it at the Plaintiff’s factory around the end of October, 201 and carried out a test run around that time.

C. On November 6, 2012, the Plaintiff offered the instant machinery to Daegu Bank Co., Ltd. as collateral for existing loans, and received additional loans again to Daegu Bank Co., Ltd. on July 30, 2013. At the time, the instant machinery was assessed as KRW 130 million.

While the Plaintiff did not pay 56,50,000 won to the expiration of the agreed date, the Plaintiff requested the Defendant to repair the part of the instant machinery to improve the performance of its parts, etc. at around 2013. At that time, the Defendant collected the Roils Redn Cyclone part of the instant machinery at around that time.

However, the defendant shall conduct on-site inspections in this lawsuit.

유사 판례

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