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(영문) 대구지방법원김천지원 2015.10.29 2014가단13651

제작대금 등

Text

1. The Defendant’s KRW 22,400,000 as well as 6% per annum from November 29, 2014 to October 29, 2015 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The following facts are acknowledged in full view of Gap evidence Nos. 1, 3, 4 through 7, Eul evidence No. 3, Eul's testimony, and the purport of the whole pleadings.

The plaintiff is a person who manufactures electronic parts, etc. under the trade name of "D," and the defendant is a company that manufactures and sells parts for radio communications equipment.

On June 2012, the Plaintiff was entrusted by the Defendant with the manufacture of the parts for the KT Satellite Receiving Device, and was paid the down payment of KRW 10 million on June 15, 2012.

In order to produce and supply such parts as above, the Plaintiff entered into a gold production contract with C (mutual name: E) on June 18, 2012 with a gold production price of KRW 26.4 million, and paid KRW 10 million from the Defendant as the gold production contract amount.

The plaintiff was supplied with gold produced from C and completed the test withdrawal at the expense of 6 million won.

B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at a rate of 16.4 million won per annum under the Commercial Act from November 29, 2014 to October 29, 2015, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, whichever is the date following the date on which the copy of the complaint of this case was delivered to the Defendant, as the Plaintiff so demanded, as the Plaintiff seeks.

2. The defendant's assertion and judgment that the plaintiff introduced the plaintiff to juste (hereinafter "juste") and the plaintiff asserts that since he concluded the supply of parts with juste and manufactured gold-type machines with the drawings provided by juste, the plaintiff's claim is unjust.

However, the above facts of recognition.