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(영문) 인천지방법원 2016.04.29 2014가합59664

용역대금 등 청구의 소

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1. The plaintiff's claims against the defendants are all dismissed.

2. Litigation costs arising between the Plaintiff and the Defendants are assessed against them.

Reasons

1. Basic facts

A. Defendant B (a) obtained the introduction of Bliter Packing Machine (hereinafter “instant machinery”) from a branchr around January 2014 in order to conduct the business of supplying Bliter Pacing Machine (hereinafter “instant machinery”), but it is desirable to specify D as “C” in light of the process of litigation or the indication of the contract, etc.

around March 2014, Defendant B visited the Plaintiff and asked the Plaintiff for the production of the presses of the instant machinery. On May 8, 2014, Defendant B sent relevant drawings to the Plaintiff in order to request the Plaintiff to estimate the manufacture of the instant machinery.

B. On May 30, 2015, Defendant B established the Defendant Company A (hereinafter “Defendant Company”) for the purpose of manufacturing automation equipment and mechanical parts processing business, etc., and since that time, Defendant B is serving as the representative director of the Defendant Company from that time.

C. On May 30, 2014, the Defendant Company, and C concluded a contract for manufacturing and buying machinery and buying agency services, which are necessary for the manufacture of 2 parts of the instant machinery (main body, filling machines, and all facilities) in Bable Leases, to secure electronic materials, designated appliances, programs, trial operation, etc.

Pursuant to this Agreement, Bable fact shall pay KRW 210,010,000 (including value-added tax) to C, and C by July 31, 2014, by means of securing all kinds of electric field materials and purchase goods necessary for the manufacture of two kinds of mechanical devices of this case (e.g., signator, tamper, etc.), electric board (overline four), and designated organizations, and programs, trial operation and installation, and the Defendant Company decided to give instructions on the inspection and service progress after delivery.

On June 5, 2014, the Defendant Co., Ltd and the Defendant Co., Ltd.: (a) drafted and certified an order for machinery (subcontract for manufacture) that provides two of the instant machinery to KRW 900 million (excluding value-added tax); and (b) the Defendant Co., Ltd. paid down payment 200 million.