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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.
Reasons
1. Determination on the cause of the claim
A. The following facts do not conflict between the parties, or each of the statements in Gap evidence 1-1-2, Gap evidence 2-5, Gap evidence 6-1-7, Gap evidence 8-9, Gap evidence 1-2, Gap evidence 10-1-3, Gap evidence 11-2, 12, and 12-12 can be acknowledged respectively by taking into account the whole purport of the pleadings.
1) On August 201, the Plaintiff mainly engages in the business of manufacturing and processing materials of various kinds of furniture, and the Defendant mainly engages in the business of manufacturing and selling various furnitures. 2) On the part of the Defendant, the Plaintiff used subsidiary materials that the Plaintiff directly raised from the Defendant and processed in the form of finished products or semi-finished products for assembling and supplied them to the Defendant in accordance with the Defendant’s order, and entered into a contract for discretionary processing (hereinafter “the instant contract for discretionary processing”) with the content that the Plaintiff would pay the unit price pursuant to the pre-determined unit price schedule, including subsidiary materials cost, from the Defendant. Accordingly, the Plaintiff supplied the finished products or semi-finished products of various households that completed discretionary processing to the Defendant pursuant to the instant contract for discretionary processing and supplied them to the Defendant by processing all of the raw materials that were supplied from the Defendant until then.
3 The Defendant, as above, took over half-finished goods, etc. for assembling various households from the Plaintiff on or around June 2015, but did not pay KRW 16,096,800 to the Plaintiff, calculated in accordance with the unit price schedule agreed in advance.
B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of KRW 16,096,800 for the processing of the instant case, and the damages for delay, unless there are other special circumstances.
2. Judgment on the defendant's assertion
A. First, the Defendant, through the instant contract, items to the Plaintiff according to the demand of the customer.