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(영문) 수원지방법원 2018.12.13 2018가단17309

임가공비

Text

1. The Defendant shall pay to the Plaintiff KRW 69,535,650 and the interest rate of KRW 15% per annum from May 22, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a personal business operator engaged in washing and processing business of Handphone parts, etc. with the trade name of C, and the Defendant is a stock company established for the purpose of manufacturing products of Handphone parts.

B. From January 2017, the Plaintiff has made a transaction by washing and processing Handphone parts, etc. to deliver them to the Defendant and receiving the payment from the Defendant.

C. On November 17, 2017, the Defendant decided to pay KRW 72,388,639 from January 17, 2017 to October 2017, which was not paid to the Plaintiff, in installments as follows, prepared and issued a written request for consent to consent of the outstanding amount with the same content.

Of the settlement date amount, the settlement date amount of December 31, 2017 KRW 14,508,479, 2017;

2. From March 201, 2018, KRW 18,815,566, KRW 2017.4. 5. 5. 13,812,463, KRW 463, Jun. 10, 2018; KRW 862, Jul. 7, 2017; KRW 8. 8. 30,897, KRW 269, KRW 2017, Sept. 9, 2017; KRW 10,817, Oct. 31, 2018; and KRW 10,463, Jun. 31, 2018;

D. Meanwhile, the Plaintiff and the Defendant continued transactions until March 2018. The Plaintiff and the Defendant reached KRW 6,983,936 in November 2017 (excluding value-added tax; hereinafter the same shall apply), KRW 5,809,428 in December 2017, KRW 3,885,032 in January 3, 2018, KRW 2031,259 in February 2018, KRW 18,842,865 in total (including value-added tax; hereinafter the same shall apply).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant seeks the Plaintiff from January 2, 2017 to March 2018, 93,115,790 won (i.e., the total amount of unpaid payments from January 2017 to October 2017, 72,38,639 won up to 20,727,151 won from November 2, 2017 to March 2018) minus the Plaintiff’s payment period of KRW 3,00,00,000 on January 23, 2018; and KRW 6,15,580 won on January 16, 2018; KRW 6,381,39 won on February 6, 15, 2018; KRW 15,536,757,785,79,757,757,79,757,757, and the remainder.