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(영문) 수원지방법원 2016.02.18 2015가합63049
임가공대금 청구
Text

1. The Plaintiff:

A. Defendant A’s KRW 105,015,280 as well as 20% per annum from April 3, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On August 1, 2014, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendants to process and deliver the clothing, such as bags, bags, and bags, as finished products, and drafted a contract containing the following (hereinafter “instant contract”).

Article 1. The Defendants entrust the processing of finished products of the clothing as follows to the Plaintiff, and the Plaintiff accepts it.

Article 2 The quantities and prices of goods to be processed shall be as follows:

The amount of ITEM unit price per man shall be 30,00 won per 30,060 won per 301,800,000 won per 5,210 won per 91,175,500 won per 91,175,500 won per 47,500 won per 392,975,000 won per TR/T, and the balance shall be paid at the time of the contract with 30% per TR and at the time of customs clearance of goods.

Article 4 The Plaintiff cooperates with the Defendants in receiving the inspection of their products when the Defendants need to do so.

Article 5 The Plaintiff shall cooperate with all matters (trade documents, customs clearance, etc.) necessary for the Defendants to take over the products after the delivery of the products.

B. On October 30, 2014, the Plaintiff processed the clothing pursuant to the instant contract, supplied the Defendants with 17,168 Pool Lan Lba 17,168, and 27,000 male seating 30 November 30, 2014. Accordingly, the Defendants drafted a supply confirmation that they received the clothing as above to the Plaintiff on December 8, 2014.

C. Meanwhile, the Defendants paid KRW 256,050,000 to the Plaintiff out of the contract price under the instant contract.

[Reasons for Recognition] Defendant A: Confession (Article 150(3) of the Civil Procedure Act), Defendant B: The fact that there is no dispute, entry of evidence Nos. 1-7 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring special circumstances, the Defendants jointly and severally deducted 256,05,000 won already paid to the Plaintiff from 361,065,280 won for processing under the instant contract (=10,060 won x 27,00 won x 5,210 won x 17,168), barring any special circumstance.

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