임가공료 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts of the foundation are: (a) the Plaintiff is engaged in clothing salt and processing business, etc. with the trade name of “C”; (b) the Defendant was engaged in textile-related business with the trade name of “D” from November 20, 208; and (c) the establishment of Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) for the purpose of the same type of business on November 2, 2012, without dispute between the parties; or (d) the establishment of a non-party D Co., Ltd. (hereinafter “Nonindicted Company”) is recognized by taking account of the overall purport of the pleadings
2. The Plaintiff asserts that, around December 2012, the Defendant is obligated to pay to the Plaintiff a total sum of USD 119,813, and delay damages therefrom, on the ground that: (a) the Plaintiff is obligated to pay part of the cost of materials to Nonparty E Co., Ltd. (hereinafter “E”) on the original group supplied by Nonparty Co., Ltd. upon request of the Defendant for a discretionary processing work; and (b) the Plaintiff completed the work and completed the supply on January 2013.
In regard to this, the defendant asserted that the defendant did not have the obligation to pay the fees for processing and the material costs to the non-party company.
3. In the judgment of the court below, the materials submitted by the plaintiff, including evidence Nos. 1 to 3 and 5, etc., were alone made by the defendant to the plaintiff.
In the absence of any other evidence to acknowledge that the fees for processing and material costs are the amount for the plaintiff's assertion, and there is no other evidence to acknowledge them (or, in addition to the whole purport of the pleadings in each of the evidence Nos. 1, 2, and 2 of No. 1-2 of the evidence No. 1-2 of the plaintiff's assertion, the plaintiff previously won part of the lawsuit claiming the fees for processing of the above services with the primary defendant and the non-party company as the primary defendant and the non-party company (Seoul East Eastern District Court Decision 2014Gahap4512, Seoul High Court 2016Na2038120,
In light of the fact that the plaintiff brought an action, it is only recognized that the contracting party who requested the above processing work was aware of it as E or a non-party company).