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(영문) 대구지방법원 2017.06.09 2016가단28559

물품대금

Text

1. The Defendant’s KRW 38,819,888 as well as the Plaintiff’s annual rate of 6% from February 1, 2016 to September 5, 2016, and the next day.

Reasons

1. The assertion;

A. On October 2015, the Plaintiff agreed to deliver samples processed with the Defendant and the Defendant’s original products, as a spat and Spanish, under the trade name “B,” which are engaged in mechanical processing work.

(hereinafter referred to as the “Agreement”).

(b) However, in order to produce the above widths, it is necessary to manufacture automatic stamping machine (a machine that manufactures stillborn in the width hole), gold-type and gold-type for Spain widths.

C. In addition, when the plaintiff produced and supplied samples by producing the above automatic stamping machine and the above gold paper to the defendant, and then passed the defendant's examination, the defendant would pay to the plaintiff the fee for processing samples and the fee for manufacturing machinery, such as automatic stamping machine, etc.

In accordance with the agreement of this case, the plaintiff produced samples after producing the automatic stamp air, etc., and received the defendant's examination, but the defendant did not pay 30,000,000 won for mechanical appliances such as the above automatic stamp air and 3,819,88 won for the contract of this case, and thus, the plaintiff is entitled to pay the money stated in the purport of the claim.

2. According to the statements in Gap evidence Nos. 1 to 7 and the witness Eul's testimony, the defendant was requested by the D company to deliver 300,000 Spanish and Spanish spanch 30,000 Spanish spanch, and the defendant promoted the work to produce samples and Spanish spanch spanch for its own supply, but it can be acknowledged that the plaintiff requested the production of samples and production of gold span for their own production because it is difficult to produce them.

In addition, according to the statements and photographs of Gap evidence Nos. 9 through 13, the plaintiff obtained an estimate of KRW 26,200,000 in relation to the production of automatic stamping air from E Company F on December 2, 2015, and completed the production of automatic stamping air by mutual agreement of KRW 25,00,000 in terms of the production cost. On December 3, 2015, G Company H produces 2,50,000 in the form of spug.