대여금
1. Revocation of a judgment of the first instance;
2. All of the Plaintiff’s claims, including any selective claims added at the trial.
1. On or around March 24, 2009, around April 24, 2009, the supply volume of basic facts in color (kg) Nos. 1 M.Grey 64.12 Nvy 64.12 Nvy 279.6 3 Babow2 148.6 4 Bla 148.6 5 Blae 5, 207.06 Wine 205.1 totaled 2,05.8
A. The Plaintiff, who developed and produced Nitrates with the trade name “B”, supplied the Defendant, who produced and supplied the clothing, with the raw materials as follows, and the price for the goods is KRW 70,956,160 (including value-added tax).
B. The Defendant used only a set of Nos. 1 and 4 through 6 originals, and paid KRW 49,132,160 ( KRW 40 million on April 30, 2009, KRW 9,132,160 on the originals used by the Plaintiff) to the Plaintiff.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings
2. Determination as to the claim for the price of goods
A. The plaintiff asserts that the parties concerned claim 21,824,00 won (=70,956,160 won - 49,132,160 won) and damages for delay against the defendant's first, second, and third originals (hereinafter "originals of inventory of this case")
As to this, the defendant was disposed of on the ground of the original amount of return due to the original amount of return, and even if so, the defendant has the obligation to pay the price to the defendant.
It argues that the extinctive prescription has been completed.
B. Determination 1) In light of the following circumstances, the inventory company of this case was already returned to the Plaintiff on account of the difference in color, etc., but it is recognized that the Defendant had been in custody at the Plaintiff’s request. A) At the time of 2009, the Defendant received an order from the Ilchim Co., Ltd. (hereinafter “Lolm Business Division”) which is a business partner of the Defendant, to the Plaintiff from the original company (e.g., 90%, and 10%, and the Plaintiff was placed as the designated entity (design No. BC9C517A3, : Navy, bow2, Magrey): Ny: Navology, bow2, Magrey, and H/grey (BC number: BC9C518A1, composition color: Blak, Wine Be, M/gre), and each of the above products was confirmed by the mother.