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(영문) 대구지방법원 2016.08.26 2015가단9032
가공대금
Text

1. The plaintiff's claim against the defendant is dismissed in entirety.

2. The costs of lawsuit are assessed against the plaintiff.

Reasons

1. Basic facts

A. G is a person engaged in the manufacturing industry, such as overfish processing, with the trade name of “H,” and the Defendant is a person engaged in the manufacturing industry, such as gold, with the trade name of “I.”

B. On October 22, 2014, G died (hereinafter “the deceased”), and his mother-child A inherited the deceased’s property. As a result, A died on May 4, 2015 during the instant lawsuit, the Plaintiff litigants, a sibling of the deceased (hereinafter “Plaintiffs”) inherited the deceased’s property in proportion to each of 1/4 shares.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 5, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion 1) from March 31, 2003 to September 17, 2013, the defendant requested processing, etc. from the deceased. During the above period, the amount of KRW 72,930,000 (the processing price of KRW 66,30,000, KRW 630,000, KRW 630,000; hereinafter "the processing price of this case").

(2) On September 17, 2013, the Defendant repaid KRW 80,000 out of the instant processing costs to the Deceased, and on January 28, 2015, the deceased’s mother-child A paid KRW 5,500,000 to the Deceased’s mother-child.

3) Therefore, the Defendant is liable to pay the Plaintiffs’ remaining processing costs (67,350,00 won = 72,930,000 won - 80,500 won - 5,000 won) within the scope of the Plaintiffs’ inherited property (67,350,000 won x each inheritance share x 16,837,500 won) within the scope of the Plaintiffs’ inherited property (67,350,000 won x each inheritance share 1/4 = 16,8333 won, and delay damages for each of the above money. (B) The Defendant’s assertion 1) paid processing costs for the goods processed and supplied by the Deceased from time to time after having a tax invoice issued by the Deceased. If the Defendant pays the processing costs as above, the Deceased stated the processing costs and transaction balance paid by the Defendant to the Defendant on his deposit sheet signed by the Deceased, and delivered it to the Defendant on September 17, 2013.

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