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(영문) 서울북부지방법원 2014.02.05 2013가합3433

물품대금

Text

1. The Defendant shall pay 143,765,170 won to the Plaintiff and 20% per annum from June 11, 2013 to the day of complete payment.

Reasons

1. In full view of the purport of Gap evidence Nos. 1 (including paper numbers), Eul evidence Nos. 2 and Eul evidence Nos. 2, the plaintiff entered into a contract for clothing processing with the defendant during the period from November 13, 2012 to January 8, 2013, which is equivalent to the sum of KRW 131,362,770, and the contract amount was paid within 15 days from the date of delivery of the above clothing. The plaintiff entered into a contract for discretionary processing of the above clothing, and delivered the above clothing to the defendant under the above contract, and the defendant paid KRW 50,000,000 on December 20, 2012, and the defendant paid KRW 78,480,000 on December 31, 2012.

According to the above facts of recognition, the defendant is obligated to pay the plaintiff the unpaid processing price of KRW 2,882,770 (=131,362,770) - 50,000,000 - 78,480,000) and delay damages therefor.

2. Determination as to the claim for expenses incurred in processing DNA brand clothing

A. On November 5, 2012, 2012, the Defendant’s E Department requested the head of the F Production Management Headquarters of the Plaintiff to estimate the processing price for the DNA brand clothing male 30,000 and female KON 15,000. The F agreed to process E and male Round at KRW 1,600 per head of E and male Round and 1,900 per head of E and 1,900 (value-Added Tax Separate). 2) On November 5, 2012, the Defendant: (a) sought as the Defendant office; (b) issued the Plaintiff’s and the Defendant’s name the processing contract for the D brand clothing with the total working quantity of KRW 45,000 prepared in the Plaintiff’s and the Defendant’s name; and (c) made a change in the number of works; and (d) made it again to deliver the contract after changing the number of works.

3) On November 8, 2012, E sent to the Plaintiff a document stating “D brand work volume and percentage status” that the sender sent to “B Jeon-dong E.” (hereinafter “D brand work volume”) by facsimile. (4) The Plaintiff was supplied by KNS Co., Ltd. and carried out clothes processing work.

No work instruction in the name of the defendant was prepared, and E led to work instructions.

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