정산금 반환 청구의 소
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
The purport of the claim and the purport of the appeal.
1. Basic facts
A. The Plaintiff is a legal entity that runs the business of manufacturing knives day and protective plates, and the Defendant is a legal entity that runs the business of manufacturing knives day at the early stage of the towing.
B. The initial blades produced by the Plaintiff consisting of upper and lower parts, lower and lower parts, sprinking, V and spons, iron plates, and blades. From around 2016, the Plaintiff and the Defendant directly produced the blades, etc., and the remainder was supplied by the subcontractor designated by the Plaintiff, and then traded by means of assembling and packaging each of the above parts, and directly delivering them to the consumers.
(c)
The Defendant planned to supply goods in the process of performing his duties in such a manner as above and produced 162,637 blades (hereinafter “the instant blades”) in advance, including 133,784 blades (including 93,00 heat treatment and painting 40,784 heat treatment and painting) and 28,853 blades (which completed heat treatment and painting). On January 2017, the Plaintiff was unable to use the instant blades produced in advance by the Defendant as the Defendant changed from the Defendant to C.
(d)
Accordingly, the Plaintiff and the Defendant agreed to pay 11 million won (including value added; hereinafter the same shall apply) to the Defendant on June 2017, and agreed to accept the instant blade (hereinafter “instant agreement”). E. The Defendant issued an electronic tax invoice of KRW 10 million for the Plaintiff, the supply price of KRW 10 million, the tax amount of KRW 10 million, and the tax amount of KRW 10 million on August 31, 2017, and on September 4, 2017, the Plaintiff transferred KRW 10 million to the account under the Defendant’s name.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. The parties' assertion
A. At the time of the agreement by the Plaintiff, the Defendant did not dispose of the instant blades.