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(영문) 부산지방법원 2017.11.09 2016가단24945

금형제작대금반환

Text

1. The Defendant’s KRW 59,167,780 for the Plaintiff and its related KRW 5% per annum from November 18, 2016 to November 9, 2017.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements set forth in Gap evidence Nos. 1-3, 6, 11 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, and witness B and C's testimony.

Article 2 (Terms of Contract) of the brush Manufacturing Product Supply Contract) This kind of gold paper is 1 punishment for rubber companies (PET-G use, brush type 8), 2 punishment for existing brushing type 2 punishment, 4 heat (general use), 2 punishment for brush (8 total number of 1, A2, A4, B1, B2, B3, B4, and B4, and one of the above brush productions and design specifications within the narrow brush type 12, 22, 12, 12, 12, 22, 22, 22, 22, 22, 12, 12, 22, 12, 22, 12, 22, 12, 22, 22, 22, 2,2, 4,22, 4,22 of the brush manufacturing and design plan within the existing brush type brushing space or design plan.

Section 3.(g)B shall make this form of gold in accordance with the directions of this Agreement, the individual contracts, and the specifications, various drawings, 3D drawings, 2D drawings, and other books and instructions given by A (Plaintiffs) to B.

Article 4 (Prohibition of Listening) B shall make this gold-type by itself and shall not request to a third party any production of this gold-type or part of this gold-type, regardless of the contract period, unless Gap has given his/her prior consent.

Article 6 (Inspection and Inspection) (1) A shall conduct a gold-type inspection without delay when this gold-type has been supplied, and when the supplied gold-type has passed a gold-type inspection, B shall send a notice of examination to B orally or in writing.

(2) The quantity and quality of a delivery inspection shall be made.