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(영문) 서울고등법원 2016.08.19 2016나2010245

물품대금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff, a business operator operating gold-type manufacturing business with the trade name called “B,” has produced and supplied gold-type to the Defendant from January 201 to August 2013.

B. The Defendant: (a) transferred the gold type supplied by the Plaintiff to a brewing company, such as Sungcheon Metal Co., Ltd., and MELT; (b) caused the aforementioned brewing company to create a plastic product; and (c) transferred the instant plastic product to the processing company, and produced panty, smells, smells, etc.

다. 피고는 2012. 2. 13.부터 2013. 7. 10.까지 원고에게 물품대금 등으로 960,454,000원을 지급하였는데, 원고가 미지급된 금형대금(296,267,000원)의 지급을 요청하자, 2013. 9. 12. 금형의 보장 샷(shot) 수량미달로 인한 손해액 126,900,000원 및 금형 불량으로 인한 제작비용 164,983,799원 합계 291,883,799원을 배상할 것을 요구하는 내용증명을 보냈다.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 7, 8, 9, 10, Eul evidence Nos. 9 and 10 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion merely paid KRW 960,454,000 out of the total amount of KRW 1,244,801,00,000 as stated in the attached Table that was concluded with the Defendant, although the Plaintiff supplied gold punishment pursuant to the gold production contract with the Defendant, and the Defendant did not pay KRW 284,347,00 (= KRW 1,244,801,000 - KRW 960,454,000) as stated in the aggregate of the balance in the same table. Thus, the Plaintiff sought monetary payment.

B. A summary of the Defendant’s assertion 1) The fact that the actual gold production contract was concluded between the Plaintiff and the Defendant is merely an 22 contract executed without the preparation of the contract and the attached table Nos. 1 through 9, 12 through 16, 33 through 40 in the form of the contract. 2) Since the contract became effective due to the Nos. 6 revision contract, the total amount of the contract amount is KRW 95,957,00 in total, 1 through 4, 6 through 9, 12 through 16, 22, 33 through 40.

The defendant shall pay the plaintiff the price.