logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.01.24 2017가단11895
용역비
Text

1. The Defendant shall pay to the Plaintiff KRW 69,096,263 and the interest rate of KRW 15% per annum from June 3, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. From January 2016 to March 2017, the Plaintiff entered into a contract with the Defendant to deliver a processed product to the Defendant upon receiving an order for a contract for a general household and a main household door.

B. The transaction relation between the Plaintiff and the Defendant is ordered when the Defendant sent the order form and drawings to the Plaintiff by facsimile or e-mail. The Plaintiff prepared a quotation based on this order and sent it to the Defendant in the same way as the Defendant. After the Defendant made a decision on the processing fees, if the Plaintiff entered the raw materials, the transaction relation between the Plaintiff and the Defendant was done by means of sending the goods to the freight vehicles sent by the Defendant

C. The Plaintiff sent a statement of transaction on the product delivered to the Defendant, and issued a tax invoice of the same amount as the amount stated in the transaction statement, and the Defendant received the transaction statement from the Plaintiff and paid the price to the Plaintiff.

The Plaintiff prepared a “sales place ledger” as to the transaction made in the above manner. According to the above head of the Sales place ledger, the processing price for the goods supplied by the Plaintiff to the Defendant from January 2, 2016 to March 31, 2017 is the total of KRW 265,081,849, and the processing price paid by the Defendant is the total of KRW 195,985,586, and the attempted amount is indicated as KRW 69,096,263.

[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence 1 or Gap's evidence 64 (including the number of branch numbers), the purport of whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of 69,096,263 won for the processed amount payable to the plaintiff, unless there are special circumstances.

B. As to this, the Defendant did not pay for the defects in the goods supplied by the Plaintiff, which were either excessive or overlapping in KRW 37,353,587 among the goods claimed by the Plaintiff to the Defendant.

arrow