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1.The judgment of the first instance shall be modified as follows:
The defendant shall be punished by respective gold stated in the separate sheet No. 1 from the plaintiff.
Reasons
1. Basic facts
A. Around January 2012, the Plaintiff received a request from the Defendant to produce beer flass, west flass, links, and stringk-type nine (the gold type listed in attached Table 1; hereinafter “instant gold type”). The Plaintiff completed the production of a total of 9 strings (the gold type listed in attached Table 1; hereinafter “instant gold type”).
B. Around June 2012, the Plaintiff submitted a quotation related to the manufacture of the Vietnam display, or the west display product to the Defendant, and the Plaintiff produced the Vietnam display, the west display, and the link product (hereinafter “instant product”).
C. The Defendant paid KRW 22,00,000 to the Plaintiff with the production price of the instant gold model.
At present, the gold penalty of this case is currently kept by the plaintiff.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 2, 3, 4, 6, 7, 11 through 17 (if any, including each number; hereinafter the same shall apply), the appraisal result of the appraiser C by the court of the trial, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff produced the instant gold model in accordance with the Defendant’s order, and manufactured the instant product using the gold model.
The cost required for this is ① production cost of KRW 24,306,697 (=20,806,697,697,222,658,956, which is the part of the linked gold-type (20,852,50,000, which is the part of the linked gold-type) reduced the production cost of KRW 1,852,259, which is the part of the production cost of each product which is a 20,806,69, and KRW 22,658,956). ② ② product processing and material cost of KRW 6,360,300, ③ finished product maintenance cost of KRW 568,00,000, and ④ product revision cost of KRW 600,00,000, and ⑤ revised gold-type of KRW 800,000, total amount of KRW 32,634,997.
Nevertheless, since the Defendant paid only KRW 22,00,000, the Defendant is obligated to pay to the Plaintiff the remaining amount of KRW 10,634,97 (=32,634,997 – 22,00,000) and damages for delay.
B. Defendant 1) The Defendant’s production cost was 3,500. The Defendant’s production cost was 3,500.