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(영문) 창원지방법원 마산지원 2018.03.27 2017가단103668
용역비
Text

1. The Defendant’s KRW 35,349,200 as well as the Plaintiff’s annual rate of KRW 6% from January 1, 2015 to March 27, 2018, and the following day.

Reasons

1. Determination as to the cause of claim

A. In fact, the Plaintiff (Operation of Manufacturing Business, etc.) received an order from the Defendant (the company manufacturing and selling the kitchen equipment, etc.) to process the kitchen equipment, and supplied the processed product from February 2014 to December 2014.

The processing cost is 57,349,200 won in total.

[Reasons for Recognition] Facts without dispute, Gap 1-4, 9, 15-18 evidence (including virtual numbers; hereinafter the same shall apply) and video, the purport of the whole pleadings

B. According to the above facts of determination, the defendant is obligated to pay the above KRW 57,349,200 to the plaintiff, unless there are special circumstances.

2. Judgment on the defendant's defense

A. The gist of the defense was to pay to the Plaintiff KRW 44,430,000 out of the said amount.

B. The fact that the Defendant deposited the Plaintiff’s account in the Plaintiff’s account in KRW 5 million on June 14, 2014, KRW 7 million on August 22, 2014, KRW 5 million on September 24, 2014, KRW 500,000 on September 24, 2014, KRW 22 million on October 2, 2014, and KRW 500,000,000 on KRW 22 million on October 2, 2014, may be acknowledged either by a dispute between the parties or by the statement in subparagraph 1.

On April 18, 2013, the plaintiff asserts that the defendant settled the unpaid processing costs (51,637,100 won) in a separate amount of KRW 40 million and received the settlement from the defendant.

However, in light of the circumstances in which each tax invoice (Evidence A 10, 11) issued by the Plaintiff to the Defendant was fully paid, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the aforementioned processing cost and settlement agreement had been reached, and there is no other evidence to acknowledge it otherwise.

Therefore, the above KRW 20 million is deemed to have been repaid for the processing costs of this case.

C. Unauthorized parts, the Defendant’s deposit of the Plaintiff’s account in the Plaintiff’s account with KRW 8 million on February 11, 2014, KRW 9.433 million on April 23, 2014, KRW 1,7430,00 in total, may be recognized by the entry of the evidence No. 1 in the Plaintiff’s account.

However, according to the above evidence and Gap evidence No. 7.

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