(영문) 창원지방법원마산지원 2016.06.24 2015가단104001

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(영문) 창원지방법원마산지원 2016.06.24 2015가단104001

유체동산인도

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 29, 2014, when the Defendant and the Plaintiff supplied private materials, such as steel plates, the Plaintiff concluded a contract with the Defendant setting the contract period of KRW 579,854,00 (excluding value-added tax) as of January 20, 2015, with the content of supplying them to the Plaintiff via each work process of cutting, processing, manufacturing, inspecting, sealing, transporting, shipping, and shipping each of the pertinent private materials.

(hereinafter “instant contract”) and on November 15, 2014, attached thereto to the instant contract, concluded a supplementary contract with the purport that the surplus portion of the private pension holders shall be returned to the Plaintiff and the Defendant shall pay damages in the event of the loss or damage of private aid materials by intention or negligence.

B. During the process of performing the instant contract, disputes arose between the Plaintiff and the Defendant regarding the payment of progress payment, etc., and the Defendant terminated the instant contract on April 13, 2015 at the end of the dispute, and the Defendant, by April 15, 2015, agreed that the Plaintiff shall return private materials (the products and materials in progress, residues, and by-products therefrom) to the Plaintiff by April 15, 2015, and the Plaintiff shall pay KRW 25 million to the Defendant at the time of the completion of return (hereinafter “instant agreement”).

C. On April 14, 2015, the Plaintiff paid KRW 27.5 million (25 million value-added tax) to the Defendant according to the instant agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, 5 through 8, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted that the Plaintiff did not return all the remaining private materials to the Plaintiff despite the agreement of this case, thereby compensating the Plaintiff for the damages incurred by the Plaintiff.

Pursuant to the instant contract, the Plaintiff’s total weight of the materials supplied to the Defendant is 1,357,838 km. Among them, the Defendant’s normal supply is 1,061,894.5 km, and the return is 208,482 km. As such, the weight of the remaining private materials is 87,461.5 km, and the value is 81,339,195 won.

The defendant shall not return the remaining private materials.

유사 판례

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