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(영문) 창원지방법원마산지원 2019.08.22 2018가단106701

도급비

Text

1. The Defendant’s KRW 4,376,782 as well as the Plaintiff’s annual rate of KRW 6% from November 3, 2018 to August 22, 2019.

Reasons

1. Basic facts

A. On May 1, 2017, the Plaintiff entered into a contract with the Defendant under which the Plaintiff inputs workers at the Defendant’s workplace, and produces a short-term product of 2500 TONRa (hereinafter “instant short-term product”), and the Defendant entered into a contract with the Plaintiff to pay the contract amount (hereinafter “instant contract”).

B. Workers invested by the Plaintiff were produced from May 2017 to December 2017 by the Defendant’s workplace in accordance with the instant contract.

C. The sum of the contract amount to the Plaintiff incurred by the Plaintiff from May 2017 to December 2017 to the Defendant’s performance of the instant contract is KRW 237,096,156 as indicated in the “standard Amount” column in the attached Table. The Defendant paid to the Plaintiff KRW 204,99,959 as indicated in the “amount paid” column in the attached Table among them, and the Defendant did not claim that the sum of the amount indicated in the “amount paid” column in the attached Table should be deducted from the contract amount and paid it.

[Grounds for recognition] Class 3, 4, Eul evidence Nos. 5, and the purport of the whole pleadings

2. The gist of the parties’ assertion argues that the Defendant did not pay a total of KRW 32,096,197 as stated in the attached Table without justifiable grounds, and that the Defendant promised to not claim the amount of mutual aid up to September 2019 to the Defendant. As such, the Plaintiff asserts that the claim for mutual aid up to September 2019 was groundless, and that the remainder of mutual aid on November and December 2017, which is the mutual aid money, is justifiable for the Plaintiff’s failure to work and due to defective goods.

3. Determination

A. Examining whether the Plaintiff promised not to claim mutual aid money from September 2017 to September 2017 and the purport of the entire pleadings is added to the statement in the evidence No. 1, the Plaintiff confirmed that the contract amount from May 16, 2017 to September 2017 was settled to the Defendant.