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(영문) 인천지방법원 부천지원 2018.02.09 2017가단101258

용역비

Text

1. The Defendant’s KRW 36,513,785 as well as the Plaintiff’s annual rate of KRW 6% from June 6, 2013 to July 12, 2017.

Reasons

1. The following facts may be acknowledged either in dispute between the parties or in full view of the evidence No. 2, No. 5, No. 6, and the purport of the whole pleadings.

The Plaintiff is running a surface disposal business, such as melting and flacing, with the trade name of “E”, and both husband and wife-related persons D and C operate the “EB” (hereinafter “the instant individual business entity”).

B. At around September 2008, the Plaintiff, D, and C entered into a verbal contract with the Plaintiff to sell it to the Customer and pay the Plaintiff the price for melting, and began to engage in the business of melting supply. In September 2008, the Plaintiff, D, and C, if supplied to D, D, and C with strawet for printing purposes supplied by D and C.

C. The Plaintiff filed a lawsuit against D and C seeking payment of the Kitco-rating price that was supplied by the Plaintiff until May 2013. C filed a counterclaim to seek compensation for damages due to the use-rating defects supplied by the Plaintiff. From the first instance court, C and D jointly with the Plaintiff at the rate of 152,237,709, and the amount of 6% per annum from June 6, 2013 to January 18, 2017, and 15% per annum from the next day to the date of full payment [the Incheon District Court Branch Decision 2016No300, 2016No416, Jan. 18, 2017]; C and C and D were jointly and severally liable to pay the Plaintiff the amount calculated at the rate of 15% per annum from June 18, 2013 to the date of full payment (the Supreme Court Decision 2017Da7175, Jun. 27, 2017).