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(영문) 대구지방법원 2018.02.01 2017나300532
물품대금반환
Text

1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 15,038,100 and the defendant shall pay to the plaintiff the amount of KRW 15,038,10.

Reasons

1. Basic facts

A. From March 29, 2014 to May 28, 2014, the Plaintiff: (a) requested the Defendant, who runs the fibering business with the trade name “B”, to hold the chroding process of 33,338 gate 33,38 gate.

(China 9,831 Camps were returned to the Plaintiff without processing. Accordingly, the Defendant supplied the Plaintiff 15,776 Camps by August 1, 2014.

B. Meanwhile, the Defendant, by August 1, 2014, did not receive the payment from the Plaintiff for the co-manufacturing processing fee of KRW 4,771,800.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 3 to 5, the purport of the whole pleadings

2. The parties' assertion

A. There was a defect in ice construction due to the occurrence of a ice on the original body that was carried and supplied by the Plaintiff Defendant.

As a result, the Plaintiff filed a claim against the Plaintiff for damages of KRW 19,809,90 against the Plaintiff’s 7,337 campings that the Plaintiff supplied to F and E, and of KRW 11,801,70 of the amount of damages against the 4,371 campings that the Plaintiff received from E (i.e., KRW 7,337 campings x KRW 2,700) and the 11,801,700 of the amount of damages against the 4,371 campings that the F and E completed wing operations (i.e., KRW 4,371 Camps x 2,700), ② the crating processing fees that the Plaintiff paid to the Defendant (i.e., KRW 11,403,480), ③ the Plaintiff’s F and E are claiming for damages from the Plaintiff’s 10,400,000 and KRW 15,00,000 for the compensation of damages against the Plaintiff’s 00.

In addition, the defendant did not return to the plaintiff the original set forth in the attached list ("PD original set") in the attached list ("PD original set") which is kept by the defendant.

Therefore, the defendant shall be the plaintiff.

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