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(영문) 의정부지방법원 2018.06.20 2017가단4287

임가공비 청구

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1. The Defendant’s KRW 13,907,50 for the Plaintiff and KRW 6% per annum from April 10, 2018 to June 20, 2018.

Reasons

1. Basic facts

A. After completing the business registration with the trade name of “C”, the Plaintiff is engaged in textile processing business, fiber salting business, etc., and the Defendant is a juristic person engaged in fiber, primary wholesale, services, export and import business, and trade business.

B. The Defendant mainly received raw materials from D (hereinafter “D”) which have undergone processed processes, such as chrofing, etc.

However, in April 2015, E, a director of D, retired from the above company, and worked together with the Plaintiff and the Plaintiff’s husband F (hereinafter “Plaintiff, etc.”), the Plaintiff and the Plaintiff’s husband F (hereinafter referred to as “Plaintiff, etc.”), provided that the processed body supplied from D would be supplied with the Plaintiff.

C. E decided to distribute profits earned from its business activities to the Plaintiff, etc., and the Defendant requested the Plaintiff to conduct textile processing and chroding operations from April 2015 to November 30, 2016.

Since then, the plaintiff et al. requested G to supply the existing production to D, which was supplied to D, and G to the plaintiff et al. in consideration of transactional relationship with D, and notified the plaintiff et al. that the supply may be suspended if D becomes aware of it.

E. However, G and the Plaintiff et al. became known to D, and after which G refused a request for the supply of the land by the Plaintiff et al.

F. On July 22, 2015, the Defendant sent to the Plaintiff, on July 22, 2015, Clapt No. 3, that “As the order issued by the U.S. buyer was rejected due to the delay of shipment, and the quantity already loaded and supplied is expected to be returned, the Defendant is notified from the purchaser of the amount of loss incurred therefrom, and thus, notified the Defendants of the amount of loss incurred therefrom.”

After that, the Plaintiff et al. returned goods 4,221 from the Defendant, and returned them to G again, but G refused to receive them.

G. Since then, G shall pay the amount of KRW 14,508,677 to the Plaintiff et al.