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(영문) 서울고등법원 2018.01.26 2017나2007000
부당이득반환 등 청구의 소
Text

1. The judgment of the first instance court is modified by reflecting the expansion, reduction, and addition of claims in the Plaintiff’s trial as follows.

Reasons

1. Basic facts

A. On January 10, 2012, the Plaintiff entered into the instant contract and settled monthly accounts 1) between the Defendant and the Defendant on January 10, 2012, and the Plaintiff supplied the glass plate to the Defendant, and the Defendant manufactured and supplied a double-story glass using it to the Plaintiff, and then paid the processing fees from the Plaintiff, and then entered into a contract for the foresting and processing of double-story glass production (hereinafter “instant contract”).

(A) The terms and conditions of the basic contract for the processing of the contract are as follows (at each construction site separately concluded, but the terms and conditions of the basic contract for the processing of the contract are as follows: The Plaintiff’s Trustee (A): the Defendant’s [Article 2]’s item and provision for the processing of the contract, quantity, unit price, working conditions, etc. are as follows:

[Article 4] Goods Acceptance and Transport Liability (Article 4) All the expenses for the consignment processing (Article 1) are deposited into the factory of Eul at the expense of Eul, and processed products are shipped out at the expense of Gap.

(Provided, the supply of materials / [Article 5] The supply of materials / [Article 5] ① The supply of subsidiary materials required for processed products to Eul (the supply of subsidiary materials according to the Orrbr), and the supply of subsidiary materials required under an agreement between Gap and Eul shall be held responsible for the shortage of subsidiary materials.

[Article 8] The settlement of the price (1) shall be made in principle by means of a bill or cash with respect to the fee determined after the end of each month by the Plaintiff.

alternative,

(2) From December 2013 to March 2015 to March 2015, the Defendant: (a) a statement of accounts of contractual processing costs, including the date of the end of each month; (b) the description of construction; (c) the quantity; (d) the volume; (e) the unit price; and (e) a statement of accounts of raw materials (including evidence 10 to 25 and each number (hereinafter the same shall apply).

(2) The Plaintiff prepared each of the instant settlement statements and sent it to the Plaintiff.

B. On the other hand, the Plaintiff and the Defendant settled accounts based on the instant business consultation agreement, and the glass board held by the Defendant as of November 30, 2013.

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