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(영문) 서울중앙지방법원 2019.12.12 2017나66031
임가공비
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) that exceeds the following amount ordered to pay.

Reasons

1. Basic facts

A. The plaintiff is a Chinese corporation with the aim of processing leather, etc., and the defendant is a Korean company with the aim of clothing manufacturing business, etc.

B. On February 2014, the Plaintiff and the Defendant entered into a contract for processing of leather, etc. (hereinafter “instant contract for processing”).

Accordingly, if the defendant sent raw and secondary materials necessary for the production of bags to the plaintiff and made a request for the processing of waste, the plaintiff has been engaged in the transaction by calculating the cost of processing the waste produced by the plaintiff to the defendant and receiving the cost of processing the waste in US dollars.

C. As of April 30, 2015, the Defendant’s fee for processing, which was supplied by the Plaintiff in the above transactional relationship, did not pay the price, was USD 65,187.73.

The Defendant requested the Plaintiff to supply a total of 1,550 bags on four occasions from April 27, 2015 to May 14, 2015, and sent the raw materials necessary therefor to the Plaintiff.

(hereinafter “instant order.” However, the Plaintiff, while settling down the cost of processing smuggling so far and demanding that it be carried out first, refused to supply household goods according to the instant order.

E. On July 17, 2015, the Defendant notified the Plaintiff that the instant contract was terminated.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 through 4, 6, 7, the purport of the whole pleadings

2. According to the reasoning of the judgment as to the cause of the principal claim, the Defendant is obligated to pay USD 65,187.73, and delay damages to the Plaintiff, unless there are special circumstances.

3. Determination as to the defendant's defense and counterclaim

A. On July 23, 2015, the Defendant asserts that, as the Plaintiff’s account was deposited in USD 9,574.31 on July 23, 2015, considerable claim was extinguished by payment.

As to this, the Plaintiff’s account alleged to be deposited by the Defendant is the Plaintiff.

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