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(영문) 부산지방법원 2017.01.25 2015나10117

용역비

Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the revoked part shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in mechanical manufacturing business with the trade name D, and the Defendant is a company engaged in non-ferrous metal manufacturing business, high-railroad retail business, etc.

B. On October 26, 2011, the Plaintiff issued a written estimate of KRW 17 million (excluding value-added tax) in total as follows with respect to the compresseds installed outside the Defendant’s factory room (hereinafter “instant compresseds”) to the Defendant.

(2) 2.5 million won (including the installation of new metal, which leads to the delivery of the skin to the outside of the string to the outside of the string to the string to the outside of the string to the outside of the string to the outside), < Amended by Presidential Decree No. 2500,000,000> (3,000 won for the replacement of the floor and the string to the outside of the string to the outside of the string to the outside of the string to the outside of the string to the outside of the string to the outside)

C. Upon receipt of the said written estimate, the Defendant entered into a contract under which the Plaintiff will undertake the work of remodeling and repairing the compressed machines of this case (hereinafter “instant contract”) (hereinafter “instant work”), and paid KRW 7 million to the Plaintiff. On November 20, 201, the Plaintiff issued a tax invoice of KRW 15,620,000 in total, KRW 1,420,000 in supply value to the Defendant on November 20, 201.

On November 14, 2011, the Plaintiff started the instant work. During the instant work, the Plaintiff entrusted B (i.e., a person engaged in the manufacturing and repair of mechanical oil industry, using the trade name of E) with the work of remodeling and repair, and (ii) KRW 6 million (hereinafter “the first repair cost”).

E. However, around January 3, 2012, the Defendant: (a) delivered the instant compressed machine from the Plaintiff and operated it; and (b) in the process of operating it, the Defendant’s failure to take part in the instant compressor’s ton.