(영문) 서울서부지방법원 2018.07.19 2017가단16122

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Text

Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.07.19 2017가단16122

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 110,329,00 and the interest rate of KRW 15% per annum from August 19, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 31, 2011, a contract between the Defendant and C (Evidence 1) entered into between Nonparty C and the Defendant to manufacture and supply gold papers for the production of the air conditioners for vehicles at KRW 40 million.

(A) The certificate of No. 1: On the date of the contract in the above contract, the remaining KRW 20 million shall be paid at the same time with 100 acceptance of the first sample produced after the completion of the gold production, ensuring that the minimum quantity is produced in the production of components in gold-type, and that the production and assembly of this product shall be made under C’s supervision as much as indirect investment is made in accordance with C’s initial design and structure design and supply of gold-type cost, Article 8 of the contract).

B. After a written confirmation of acceptance of air conditioners and gold-types (Evidence 2 of A), C made the second gold map and supplied the Defendant with the production of air conditioners after the production of gold-types. On October 27, 2014, the Defendant prepared a written confirmation of acceptance of air conditioners and gold-types with the content that “after the supply of gold-types and air conditioners (total 20,000 sets, the 11,000 sets of 2nd productions) have been taken over after the supply of gold-types and air conditioners (total 20,000 sets)”

(A) The defendant denies the authenticity of Gap evidence Nos. 2, 2, 329,00 won of the outstanding amount of the gold-type and produced and supplied parts is 110,329,00 won, as the result of the appraiser E’s fingerprint appraisal, it is proved that the unmanned seal attached to Gap evidence Nos. 2 is the same as the defendant’s fingerprint.

(A) Evidence 3. (c)

The Plaintiff, a partner of the Plaintiff’s debt acquisition C, was transferred by C with the goods price claim against the Defendant because it was not paid wages.

(Evidence A 4) / A 1 to 4, and witness C.

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