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(영문) 수원지방법원 2020.07.02 2019가단537350
물품대금등
Text

1. The Defendant’s KRW 67,607,793 as well as the Plaintiff’s annual rate from May 1, 2019 to July 2, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures automation equipment and wholesale and retail business, and the Defendant is a company that runs the manufacturing business of industrial machinery and parts.

B. On October 2018, the Defendant entered into a contract with C Co., Ltd. (hereinafter “C”) to manufacture and supply PCB Plasmao Equipment (hereinafter “instant Equipment”) 1 and 2 to C.

C. Based on the above contract, the Defendant entered into a contract with the Plaintiff on November 2018, under which the Defendant would contract the Plaintiff to contract the work of processing parts necessary for the manufacture of the instant equipment 1 and 2, and assembling parts into the outer frame with the outer frame (hereinafter “instant contract for the manufacture of parts”).

The Plaintiff manufactured parts of the instant equipment 1 and 2 from January 2019 to supply them to the Defendant factory in accordance with the instant contract for the manufacture of parts, and, at the same time, puts human resources necessary for the Defendant’s business of assembling parts at the Defendant factory. Accordingly, the Plaintiff completed the work of processing parts and assembling parts under the instant contract for the manufacture of parts until March 2019.

E. Until the beginning of May 2019, the Defendant paid the Plaintiff the price under the instant contract for the manufacture of parts.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1, witness D and E's testimony, the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) At the time of the Plaintiff’s claim for damages related to the manufacturing cost of the instant equipment 3 and 4 (1) the Plaintiff and the Defendant, other than the instant equipment 1 and 2, also entered into a contract for parts manufacturing that the Defendant agreed to contract the Plaintiff with the Plaintiff for the work of assembling the parts necessary for the manufacturing of the instant equipment 3 and 4 and the outer presses and the outer presses, parts, and the outer presses (hereinafter “instant two parts manufacturing contract”).

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