logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.08.25 2019가단16239
물품대금
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 25,00,000 to the Plaintiff (Counterclaim Defendant) and its related amount from April 12, 2019 to May 31, 2019.

Reasons

1. Facts of recognition;

A. The plaintiff is the processor of clothes for clothes, and the defendant is the manufacturer of clothes who supplies the clothes to the manufacturing company.

The plaintiff was supplied with dyphosomes from the defendant and processed the fibers and interviews, and then supplied them again to the defendant, and the defendant operated the originals processed by the plaintiff by delivering them to the defendant's business of clothing manufacturers.

B. By November 30, 2017, the Plaintiff’s processing fees for processing work performed at the Defendant’s request was totaled KRW 43,445,250 as stated in the written claim (Evidence A. 1; hereinafter “instant claim”) on January 29, 2018, and the Plaintiff demanded the Defendant to pay the unpaid processing fees.

C. The Defendant brought an issue with respect to the occurrence of the Plaintiff’s processed loss (hereinafter “the instant defect”). In this regard, the Plaintiff and the Defendant signed the instant claim stating that “13,445,250 won shall be deducted, and the remainder shall be repaid in installments, and both parties shall be agreed and settled.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 5 through 8, 10 through 14, each of the records in this Court C, D, E, and F, the result of each fact-finding inquiry and the purport of the whole pleadings

2. According to the above facts of recognition as to the claim of this case, the plaintiff and the defendant agreed to pay the plaintiff 30,000 won remaining after subtracting the 13,445,250 won in the balance of the claim of this case from 43,445,250 won under the agreement of this case.

Therefore, the Defendant is obligated to pay the remainder of KRW 25,00,000,000, excluding the remainder of KRW 5,000,000, which was paid by the Plaintiff, among the processing fees of KRW 30,000,000, which was settled and agreed as above, and the damages for delay from April 12, 2019, which was the day following the delivery date of the original copy of the instant payment order sought by the Plaintiff.

arrow