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(영문) 수원지방법원안양지원 2017.10.12 2016가단13480
임가공비
Text

1. The Defendant shall pay to the Plaintiff KRW 186,058,860 as well as 15% per annum from October 22, 2016 to the date of full payment.

Reasons

1. Basic facts - On May 31, 2014, the Plaintiff entered into a contract for the clinical processing with the Defendant producing automatic temperature control devices, etc. within the GIC and the period from June 1, 2014 to May 31, 2016, to set the deposit money to be paid by the Defendant to the Plaintiff as KRW 65 million for the processing of the materials supplied by the Defendant (hereinafter “instant contract”).

Under the instant contract, the Defendant paid the Plaintiff deposit amounting to KRW 65 million. -

The plaintiff was processed by January 2016, and the defendant paid only the processing cost until August 2015, and the unpaid processing cost is 251,058,860 won.

[Reasons for Recognition] Facts without dispute, entry in Gap 2-4 evidence (including attachment of a serial number), the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 186,058,860 calculated by deducting KRW 65,000,000 from the unpaid processing cost of KRW 251,058,860, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 22, 2016 to the date of full payment after the duplicate of the complaint in this case was served on the Defendant.

B. As to the Defendant’s assertion, the Defendant asserted that KRW 54,079,997, out of the total processing costs claimed by the Plaintiff on January 2016, the Plaintiff was obligated to pay to North Korea due to labor remuneration, etc., or the GIC was closed on February 10, 2016, and the Plaintiff did not pay to North Korea. Accordingly, the Defendant asserts that this part has no obligation to pay to the Defendant.

In light of the following facts: (a) the processing costs incurred under the instant contract between the Plaintiff and the Defendant prior to the closure of the GIC; and (b) the labor remuneration, etc. claimed by the Defendant was a matter to be settled later by the Plaintiff and North Korea, it is reasonable to deem that the Defendant cannot assert it as a ground for the deduction of the instant contract costs.

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