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(영문) 서울고등법원 2017.04.07 2016나2047889

물품대금

Text

1. The part of the judgment of the court of first instance against the plaintiff falling under the subsequent order of payment shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is engaged in the printing business with the trade name “I”.

The Defendant established “G” in Seoul Jung-gu, Seoul, and was designated by the Minister of Health and Welfare to “production facilities for products manufactured by persons with severe disabilities” in accordance with the Special Act on the preferential purchase of products with severe disabilities, and operated the printing business until December 31, 2014, while G was comprehensively operated by “E.”

B. Around December 2012, the Defendant entered into a contract with C to print and produce computer textbooks, and supplied various computer textbooks (hereinafter “each of the instant textbooks”) on seven occasions from February 2, 2013 to December 2, 2013 through G.

C. In order to print and produce each of the instant teaching materials, the printing work is planned, the paper purchases, the printing board (CTPP) is produced, the actual printing work is conducted, the sign is printed, and the work of printing is required. The Plaintiff produced the printing board (CTPP) at the request of E and received the price from the Defendant.

The Plaintiff and E and, “The Plaintiff leased the instant building (hereinafter “instant building”) to the Defendant from December 30, 2012 to December 30, 2014, with the lease period from December 30, 2012, and the monthly rent of KRW 301,10,000 and KRW 1,60,000,000 (hereinafter “instant lease contract”) was written. The monthly rent of KRW 301 was written by the Plaintiff, and the date of its preparation is written as “ January 8, 2013.”

[Ground of recognition] Facts without dispute, Gap evidence 5, 7, Gap evidence 14-19, Eul evidence 2, 3, 9, 14, and 15 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. In manufacturing the Plaintiff’s printing board (CTPP), the work of printing each of the instant teaching materials at the Defendant’s request was also conducted, and the price is KRW 89,780,000 (excluding value-added tax).

In addition, the defendant and the building of this case through the lease contract of this case.