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(영문) 인천지방법원 2015.07.22 2015가단218043

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 18,308,450 and the interest rate of KRW 20% per annum from January 28, 2015 to the day of complete payment.

Reasons

1. The plaintiff of the original defendant's assertion is the primary cause of claim in this case. On September 2013, the defendant entered into a gold production contract with the defendant with the price of KRW 57 million (excluding value-added tax) and supplied it to February 4, 2014, and the unpaid amount of the goods is KRW 17 million (excluding value-added tax) and on February 28, 2014, the production cost of KRW 1,308,450 (including value-added tax) was incurred by manufacturing and supplying samples at the defendant's request. Accordingly, the defendant is obligated to pay KRW 18,308,450 (including value-added tax). Accordingly, the defendant is a party to the said gold production contract, and the defendant cannot respond to the plaintiff's claim because it is merely a party to the said gold production contract.

The Plaintiff asserted that, as the conjunctive cause of the instant conjunctive claim, if the Plaintiff was the party to the said gold-type production contract, the Defendant claimed the amount of the goods to be paid to the Spain on behalf of the Plaintiff, and the Defendant asserted that the Defendant had the damage claim of KRW 133,810,479 due to the defect of the hulphe, and that, if offset, the Defendant’s obligation to pay the goods to the hulf remains.

2. In full view of the overall purport of the arguments in Gap evidence No. 1, Gap evidence No. 2-1 through 4, Gap evidence No. 3, Gap evidence No. 4-1, No. 2, Gap evidence No. 5, and No. 6 as to the primary cause of claim, the plaintiff is running a gold-type manufacturing business with the trade name of "C," and the defendant is conducting the business of manufacturing sports products, etc., and Scco engaged in the industrial design and industrial design business is delegated by the defendant for the production of gold-type with the contract amount of 57 million won (excluding value-added tax) between the plaintiff and the plaintiff on September 3, 2013, and the plaintiff entered into an agreement for the gold-type production with Eculco as requested by Scco.