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1. The defendant's Suwon District Court's Ansan Branch Decision 2010Kahap3534 decided Oct. 25, 2012 (the main office) against the plaintiff.
Reasons
1. Facts of recognition;
A. 1) On December 21, 2009, the Plaintiff extracted from the Defendant, who is engaged in raw material processing business in the name of “B” on December 21, 2009, by creating a printing board directly.
In addition, the Defendant entered into a contract for the processing and delivery of the CPT board (hereinafter “instant contract”) and provided a total of 33,600 Aluminium raw materials to the Defendant on December 30, 2009 and December 31, 2009.
2) However, from January 5, 2010 to February 27, 2010, the Defendant removed 33,075,000 won in total, among the raw materials received from the Plaintiff, from the Plaintiff, from the outside. The Plaintiff notified the Defendant that the instant contract was terminated on the ground of this on February 12, 2010. Meanwhile, the Defendant processed the raw materials of Aluminium supplied from the Plaintiff and supplied 21,000 won in total market price to the Plaintiff until February 12, 2010, but the Plaintiff did not receive the price of the goods from the Plaintiff. The Plaintiff filed a lawsuit against the Defendant for damages claim against the Plaintiff under the status of the Suwon District Court 2010 Ga3534 and the Defendant filed a counterclaim against the Plaintiff seeking the payment of the goods (the Defendant filed a counterclaim against the Plaintiff).
4) On October 25, 2012, the Suwon District Court rendered a judgment that “the defendant shall pay to the plaintiff 3,075,000 won with 6% interest per annum from February 12, 2010 to June 26, 2010, and 20% interest per annum from the next day to the date of full payment. The plaintiff shall pay to the defendant 39,270,000 won with 6% interest per annum from February 20, 2010 to July 23, 2010, and 20% interest per annum from the next day to the date of full payment” (hereinafter “the subject judgment of this case”).
(5) On the other hand, the Plaintiff is the Plaintiff.