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(영문) 인천지방법원부천지원 2016.05.12 2015가단1354
가공대금 등
Text

1. The Defendant’s KRW 7,897,960 for the Plaintiff and its related KRW 6% per annum from November 2, 2014 to May 12, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at manufacturing machinery, etc., and the Defendant is an individual who manufactures railroad supplies, rolling stock parts, etc. under the trade name “B”.

B. On January 201, 2014, the Defendant: (a) around the first-lane 201, determined the number processing of flass 10 fee (hereinafter “instant first processed product”) developed by the Defendant to the Plaintiff as the processing cost of KRW 22 million (including value added tax; hereinafter “instant first processed cost”); and (b) requested the Plaintiff to do so.

Accordingly, on July 23, 2014, the Plaintiff completed the processing of nine set of the instant processed products and delivered them to the Defendant, and the Defendant paid KRW 11,902,040 out of the instant processed costs.

C. On June 2014, the Defendant: (a) around early 2, 2014, designated the number processing of flass 10 fee (hereinafter “instant secondary products”) as the processing cost of 22,00,000 won (including value-added tax; hereinafter “the instant secondary processing cost”) to the Plaintiff.

Accordingly, the Plaintiff completed the instant secondary processed product around November 201, 2014, but the Defendant did not deliver one set of the instant secondary processed product and the instant primary processed product to the Defendant on the ground that the Defendant did not pay part of the instant primary processed product.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 5, the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) The Plaintiff asserts that the Defendant is obligated to pay KRW 10,097,960, which is the remainder of KRW 11,902,00,000, the primary processing cost of the instant case, with the exception of KRW 11,90,00,000, which was already paid by the Defendant. 2) The contract between the Plaintiff and the Defendant constitutes a kind of contract as it is for the purpose of cutting off and processing flass, and the contract between the Plaintiff and the Defendant constitutes a kind of contract. The time of payment for the contract is the time when the object is completed and delivered without any special agreement or custom between the parties (Article 65(1) of the Civil Act). In this case, the delivery of the object is the completed object.

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