beta
(영문) 수원지방법원안양지원 2014.02.12 2012가단12144

물품대금

Text

1. The main claim and counterclaim in this case are dismissed, respectively.

2. Of the costs of lawsuit, the part resulting from the principal lawsuit.

Reasons

1. Basic facts

A. On August 4, 2010, the Plaintiff entered into a gold production contract with the Defendant with the following content.

(1) The Plaintiff is in exclusive charge of production and delivery of the divers type and presses necessary for the manufacture of the purchase-type diverse location registered under the name of the Defendant.

(2) The Defendant shall provide the Plaintiff with the design of parts and technical data.

(3) The Defendant shall pay the Plaintiff KRW 80,000,000,000,000 in total, and KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000

(Article 4). (b)

After that, the plaintiff and the defendant added 1 kind to 15 type gold-type 15 type according to the above contract, but set the price as 2 million won.

(hereinafter “instant contract”). C.

On July 26, 2010 and August 4, 2010, the Defendant paid to the Plaintiff KRW 48 million in total equivalent to 60% of the total amount of KRW 80 million and presses (the sum of KRW 80 million), and KRW 2 million in total for Class 1 added on November 19, 2010, respectively. On April 2, 2012, the Defendant paid KRW 8.5 million including the remainder of presses.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The plaintiff asserts that the defendant is entitled to the payment of KRW 23.5 million (=60 million - 36 million - 5 million) of the amount of the lump-sum amount payable under the contract of this case.

B. The so-called production supply contract under which one of the judgment parties agrees to supply goods made by using his/her own materials according to the order of the other party and to pay the price to the other party is applied since it has the nature of the contract in terms of production and the nature of the transaction in terms of supply.