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(영문) 대구지방법원 2016.06.24 2015가단15327
물품대금
Text

1. Defendant C’s KRW 16,500,000 and the Plaintiff’s annual rate of KRW 5% from May 21, 2015 to June 24, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in the mechanical manufacturing business, etc. under the trade name of “E,” and Defendant C is a representative of F who operates the said company, and Defendant B is the father of Defendant C, and Defendant D is a person who works in two mother M&T Co., Ltd. (hereinafter “dum”) to G and has retired from work to F.

B. Around July 6, 2014, the Plaintiff issued a written estimate of KRW 24,126,50,000, which was issued to 24,126,500, to 200, for the Plaintiff, that the Plaintiff was commissioned to design and manufacture 6 parts only for the instant machinery (hereinafter referred to as “instant machinery”) that the said company supplied to Thaitech Co., Ltd., and that was produced by adding design costs, processing costs, etc. (hereinafter “instant land”).

C. On July 9, 2014, the Plaintiff entered into a contract for the design and manufacture of the instant land as of 23,000,000 won and the payment period as of July 23, 2014.

In accordance with the above contract, Defendant D, who had been working as G in the above company, was leaving his job to F operated by Defendant C while he was working as G in the above company, brought to F the instant machinery manufactured in the double gram, which was manufactured and supplied by the Plaintiff (the site was installed and supplied by the Plaintiff until then).

At the time F requested the Plaintiff to supply the remainder of the 4 parts that have not yet been supplied to the two parts of the land to F, and promised to pay the f the price of the land of this case.

E. Afterward, F entered into a contract for the manufacture and installation of the instant machinery from the two parts of the machinery and concluded a contract for the manufacture and installation of the instant machinery at KRW 110,00,000 on September 19, 201, with the Taewonteex Co., Ltd. by setting the cost of manufacture at KRW 110,000.

F. Accordingly, on October 6, 2014, the Plaintiff issued a written estimate to F as KRW 16,126,00 (excluding design expenses, and only the processing expenses were claimed) for the instant land production amount. After completing the production of the instant four parts, the Plaintiff supplied F with the instant land to F.

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