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(영문) 서울중앙지방법원 2019.06.13 2017가단5194299
임가공비
Text

1. The Defendant’s 40,412.5 US dollars and 6% per annum from May 11, 2017 to October 30, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. Around March 11, 2017, the Plaintiff and the Defendant entered into a contract between the Plaintiff and the Defendant to process the amount of 10,000 punishment for male malket 7 US dollars per punishment according to the Defendant’s order.

B. The Plaintiff was determined as having passed the examination of the 9,123 punishment among the 10,000 punishments processed pursuant to the above contract by the samples designated by the Defendant.

C. The Plaintiff was paid expenses for processing 3,535 punishment, which the Plaintiff supplied to the Defendant one-lane of the 9,123 punishments for men’s pocket plates for which the samples were completed.

On April 28, 2017, the Plaintiff, who passed a test on April 28, 2017, loaded a shipment for the remaining 5,623 punishments, and received it by the Defendant on May 10, 2017.

E. The Plaintiff was paid USD 1,052.4 of the purchase cost, instead of purchasing and using on-site part of the original part of the Plaintiff supplied from the Defendant.

[Ground for Recognition: Facts without dispute, Gap evidence 4, 8, 9 (including each number), the purport of the whole pleadings]

2. If the plaintiff's cause of action is so, the defendant is obligated to pay to the plaintiff 40,412.5 US dollars 40,413.4 US dollars 40,413.4 US dollars 5,623 x 7 US dollars 1,052.4 US dollars ) and damages for delay.

3. Defendant’s defense and judgment

A. The Defendant’s assertion that the product was supplied by the Plaintiff, resulting in the loss that was paid in the cost of KRW 27,931,090 as a supplement to the defect.

Accordingly, the defendant's damage claim against the plaintiff, which is set off against the amount equal to the obligation of the processing cost.

B. The entry of No. 2 and No. 11, which conforms to the assertion of defect in the product of judgment, is not reliable, but is not sufficient to recognize only the entry of No. 7, and there is no other evidence to prove otherwise.

4. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.

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