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(영문) 창원지방법원 2018.09.21 2017나4212

추심금

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. Status 1) The Plaintiff changed its trade name to “C” (after, “D”).

2) On the other hand, E was employed by E in the vessel parts processing business, etc., the Defendant Company re-subcontracted from the Defendant Company, and the Defendant Company re-subcontracted for the production of the radar master, which is the vessel parts subcontracted by F Co., Ltd. (hereinafter referred to as “F”).

B. On March 28, 2016, E refers to, around March 28, 2016, radar master products (H2421-Ma906, H2348-Ma825, H4301-Ma919, each of the “2421”, “2348”, and “4301” from the Defendant Company.

(2) Each Defendant Company received 19,031,250 won (2421 product), 7,569,60 won (2348 product), 14,504,00 won (4301 product). The terms and conditions of payment were 20% of the price within 10 days after the subcontract, 20% of the price after the large assembly, 20% of the price after the first vessel inspection, 20% of the price after the Defendant Company received the price from F, and 40% of the price after the Defendant Company received the price from F. (2) around April 2421, 2016, the Defendant Company paid to E the total amount of KRW 7,609,400 of the total price, 2348 product, 4301 product, 50% of the total price, 5,801, 600 won for progress payment.

3) Although E has completed the manufacture of 2348 products, the manufacture of products and 4301 products was not completed, and eventually, 2421 products was revoked at the end of June 2016 due to problems such as poor quality and time limit. 4) In the case of products 4301 products, F recovered 4301 products to complete the manufacture within a time limit and subcontracted them to G, a separate company, and completed the manufacture by June 2016. The Defendant Company paid KRW 500,000,000 to G through H, a factory of F, under the consent of F and E on October 12, 2016.

C. On the one hand, the delivery of the provisional attachment decision, etc. on July 5, 2016 by the Plaintiff as the above court 2016Kadan912 on July 5, 2016 to E.