열처리대금
1. The Defendant’s KRW 34,809,740 for the Plaintiff and KRW 20% per annum from June 6, 2015 to September 30, 2015.
1. Basic facts
A. The Plaintiff is a person who runs the heat processing business under the trade name of “B,” and the Defendant is a corporation that runs the construction machinery parts manufacturing business, wholesale and retail business, etc.
[On the other hand, the Plaintiff filed an application for commencement of rehabilitation procedures (Seoul Central District Court 2014 Gohap10190), June 16, 2015, and received a decision to terminate rehabilitation procedures on October 14, 2015).
The Plaintiff, from June 2013 to December 2014, processed and supplied construction machinery parts, such as showers and lines, to the Defendant.
C. The processing costs that the Plaintiff was not paid by the Defendant are KRW 34,809,740,000 as of May 2015.
[Ground of recognition] The fact that there has been no dispute, Gap's 1 or 8 evidence (if there is an additional number, it includes a branch number; hereinafter the same shall apply), the purport of whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remaining processing costs of KRW 34,809,740, and to pay the Plaintiff delay damages at the interest rate prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (20% per annum from September 30, 2015 and 15% per annum from October 1, 2015 to the date of full payment) from June 6, 2015 to the date following the delivery of the payment order in this case.
3. Judgment on the defendant's assertion
A. The defendant's gist of the defendant's assertion that the plaintiff proposed that "high-frequency heat treatment" be impeded with the plaintiff, but the defendant changed the heat treatment method to "high-frequency heat treatment" without the defendant's consent, thereby causing some of the products being damaged. The defendant claimed that the plaintiff's claim in this case was unjust since it suffered damages equivalent to the total amount of KRW 58,294,856, such as bringing the products exported from the plaintiff supplied to Korea for defect repair and bringing them back to Korea without compensation.
B. The heat processing executed by the Plaintiff based on the premise 1 is a physical method after inserting carbon into the upper floor of the product.