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(영문) 창원지방법원 2018.11.29 2018나53679

용역비

Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. Determination as to the cause of claim

A. Facts 1) The Plaintiff operates “C” for the purpose of manufacturing business, etc., and the Defendant is a company that manufactures and sells kitchens, etc. 2) The Plaintiff received an order from the Defendant for processing and delivery of the kitchens, and continued to engage in transactions by supplying the processed products to the Defendant. The Plaintiff supplied the processed products to the Defendant from February 20, 2014 to December 12, 2014 (hereinafter “instant processing costs”) totaling KRW 57,349,200.

[Reasons for Recognition] The facts without dispute, Gap's statements and images, and the purport of the whole pleadings as to Gap's evidence 1 to 4, 9, 15 through 18 (including each number; hereinafter the same shall apply)

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the instant processing cost of KRW 57,349,200 and damages for delay, barring any special circumstance.

2. Judgment on the defendant's defense

A. The summary of the defense was to pay to the Plaintiff KRW 4430,000 out of the processing costs of the instant case.

B. Recognizing the part of D, the Plaintiff supplied processed products to “F” operated by the Defendant’s representative director E in the name of an individual, and issued each tax invoice of KRW 44 million in total for three times from October 25, 2012 to December 25, 2012, and issued each tax invoice of KRW 5 million in the Plaintiff’s account; KRW 7 million on June 14, 2014; KRW 5 million on August 22, 2014; KRW 5 million on September 24, 2014; KRW 20 million on October 24, 2014; and KRW 5 million on July 1, 2014; and Defendant paid KRW 5 million on July 1, 2014 to the Plaintiff on July 1, 2017; and Defendant paid KRW 7 million on July 17, 2017 to the Plaintiff.

the parties are not in dispute, or may be recognized by the purport of Gap evidence No. 8, Eul evidence No. 1, and all pleadings.

As to this, the Plaintiff on March 2013.