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(영문) 대구지방법원 2017.12.13 2017나307878
물품대금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall have the respective goods indicated in the separate sheet from the plaintiff.

Reasons

1. The plaintiff filed a claim against the defendant for KRW 25,00,000 for automatic stamping machine production costs, ② KRW 5,000,000 for square and Spanish-type gold-type production costs, ③ processing fees costs of KRW 3,319,88. The first instance court accepted all of the above claim and dismissed only part of the damages for delay.

In regard to this, the defendant filed an appeal on ① 25,00,000 won for automatic stamping production, ② 5,000,000 won for square and Spanish production, which is limited to the above part.

2. Determination as to the cause of action

A. The Plaintiff is a person engaged in mechanical processing with the trade name “B”.

From August 2015 to September 2015, the Defendant entered into a contract with the company "D Company" to provide the Defendant with a large amount of 300,000 Spanish and Spanish Spanish, on its own, for the purpose of the supply thereof, for the production of the soft and Spanish Spanish, but it is difficult for the Plaintiff to produce the original product, and on October 2015, for the Plaintiff to provide the original product, the Defendant entered into a contract with the Defendant to manufacture samples processed with the Spanish and Spanish and deliver them to the Defendant.

(3) The Defendant recognized that the Plaintiff is obligated to pay 3,319,888 won for the processing fees for samples. Accordingly, there seems to have been an agreement to pay the cost incurred in manufacturing the instant samples necessary for the processing. In order to produce the instant rectangular and Spanish sets, it is necessary to manufacture the rectangular and Spanish type gold and automatic stamping machine (hereinafter “instant product”).

Accordingly, after requesting E Company F to produce automatic stamping to obtain a estimate of KRW 26,200,00 (excluding value added tax) by requesting E Company F, the Plaintiff completed the production of automatic stamping air by mutual consent of KRW 25,00,000, and KRW 2,50,000.

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