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(영문) 인천지방법원 2016.04.01 2015가단32881
특장차량 제작대금
Text

1. The Defendant is based on the payment agreement on October 31, 2014 with respect to the motor vehicles indicated in the separate sheet to the Plaintiff.

Reasons

1. Facts recognized;

A. The Defendant requested the Plaintiff to manufacture food truck to participate in the automobile industry parts exhibition. Accordingly, between the Plaintiff and the Defendant, a contract was concluded between the Plaintiff and the Defendant on the condition that if it is possible to compute the cost after the completion of the said work, the manufacturing cost would be determined and paid by the Defendant, and 30% of the material cost, design cost, and total cost would be paid by the Defendant as the manufacturing cost for the Plaintiff’s profit.

B. After that, the Plaintiff received the Defendant’s representative director C’s delivery from the Defendant, and remodeled it into a food truck.

C. On October 23, 2014, the Plaintiff issued a written estimate with the production price of KRW 31,381,00 (excluding value-added tax) to the Defendant, and the Plaintiff and the Defendant determined the said amount as the production price.

On October 27, 2014, the Defendant entered into an agreement with the Plaintiff to the effect that “the foregoing vehicle shall be transferred to the Plaintiff on October 31, 2014, when the exhibition is completed, and the manufacturing cost shall be paid by October 31, 2014, and the said vehicle shall be transferred to the Plaintiff if it is not paid by the said deadline (hereinafter “instant agreement”).”

E. Afterward, the defendant delivered the above vehicle to the plaintiff, but the vehicle manufacturing price is not paid.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 20, evidence 1 to 3, evidence 4, evidence 6, evidence 7, evidence 1 to 1, and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant agreed to transfer the ownership of the said automobile to the Plaintiff, instead of paying the price, if the said manufacturing cost is not paid by October 31, 2014, to the Plaintiff around October 27, 2014.

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