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(영문) 수원지방법원안산지원 2019.03.27 2017가단18941
용역비
Text

1. The Defendant’s KRW 5,013,734 as well as annual 6% from July 11, 2017 to January 22, 2019, and the next day.

Reasons

1. Facts of recognition;

A. On March 16, 2017, the Plaintiff and the Defendant entered into a contract with the Defendant for manufacturing and delivering Ming M/C (the machinery manufacturing the contact sheet; hereinafter referred to as “Ming machine”).

At the time, a contract was made between the Plaintiff and the Defendant to sell Ming Machinery at KRW 307,00,000 (excluding value-added tax), but it was actually conducted according to a verbal contract different from the contract.

Accordingly, the Defendant provided design drawings while directly providing some parts, and the remaining parts were procured by the Plaintiff and intended to assemble finished products according to the drawing provided by the Defendant.

B. The Defendant transferred KRW 60 million to the Plaintiff at the time of the contract, but returned KRW 40 million again to the Plaintiff.

Since then, on April 29, 2017, the Defendant: (a) on April 29, 2017, as the purchase price for parts to the Plaintiff;

8.3 million won;

5. 22. 10 million won was remitted, and one million won was additionally remitted in May.

C. On May 2017, the Plaintiff manufactured Ming machine and delivered it to the Defendant.

On June 3, 2017, the Defendant received machines of the assembled state and paid KRW 10 million to the Plaintiff on June 3, 2017.

The plaintiff has employed a separate number of workers, installed a IMM machine in the defendant factory to run the trial, and finally completed delivery at the beginning of July 2017.

Part of the parts purchased for the manufacture of Ming Machinery is 191,057,180 won (the supply price 173,688,346 won, value-added tax 17,368,834 won) for which the Defendant paid the price to each supplier.

Of the cases in which tax invoices have been issued, the amount paid directly by the Plaintiff to the business entity is the sequence 1 to 9, and 11 of the table 1 below, and the amount for which the tax invoice has not been issued among the amounts borne by the Plaintiff is the sequence 10, 12 through 15.

In addition, the plaintiff shall employ separate human resources as shown in Table 2 in the course of trial operation, and shall pay personnel expenses.

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