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(영문) 대구지방법원서부지원 2017.11.16 2017가합51192

추심금

Text

1. The Defendant’s KRW 160,565,483 as well as the Plaintiff’s annual rate of KRW 5% from November 18, 2016 to November 16, 2017.

Reasons

1. Basic facts

A. The parties related to the parties (hereinafter “frequency”) is the primary partner who supplies mobile phone parts to the ELE company, who is engaged in the business of manufacturing and selling electronic and electronic equipment, parts manufacturing and selling parts, etc.

The defendant is the second partner who has been awarded a contract from the Pakistan to process, remove, and escape the Rear's surface, which is a part of ELI mobile phone G5, for the CNC process.

A new-name electronic company (hereinafter referred to as "new-name electronic company") is a company that engages in manufacturing business, etc. related to electronic parts.

B. On December 1, 2015, the Defendant entered into a contract for the pre-subcontracting of part of the CNC process with the Defendant, and entered into a sub-subcontract with the Defendant on December 1, 2015, on the overall process, etc. of ELD mobile phone G5C process (hereinafter “instant contract for pre-processing”).

The order of fairness is that the defendant's cell phone G5's cell phone G5's cell phone REAR parts are sent to the new person before the new person, and the new person electronics receive it and then deliver it to the defendant again, and the defendant supplies it to other subcontractors and proceed with the subsequent process.

Since January 2016, the new name electronic commerce leased part of the Defendant's factory, and entered about 60 CNC machine in the Defendant's factory and processed it, and supplied the Defendant with the processed parts.

C. On January 2016, from May 2016 to May 2016, the Defendant processed and supplied parts equivalent to KRW 1,176,417,798 to the Defendant. The Defendant paid KRW 698,162,787 out of the above processing amount to the new person.

The plaintiff, based on an executory notarial deed, shall deliver to the defendant the products produced by the new electronic unit under the Daegu District Court Branch 2016TTTTT7812, by designating the debtor and the defendant as the third debtor, and the new electronic unit is from the defendant.