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(영문) 대구지방법원 2017.04.19 2016나308874
물품대금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition;

A. The Plaintiff is a person engaged in textile manufacturing business with the trade name “E” in Daegu-gu Seogu, and the Defendant is a corporation that manufactures and sells chemical fiber manufacturing and selling business and manufactures and sells secondary materials of sealed materials in Seoul Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

B. From June 2013 to August 2013, the Plaintiff entered into a contract with the Defendant to receive four items (items), and 23,416D (HD) fibers (hereinafter “instant fibers”) from the Defendant’s 16 color, and to enter into a contract with the said original part of the instant fibers as a cycle of leading operations (a contact with other original parts, such as flags ordinarily referred to in the vertical upper part), with a total of 23,416D (HD).

(Contract Amounting to KRW 84,929,955 (hereinafter “instant contract”). Under the instant contract, the Plaintiff completed the crowdfunding work on the 23,416YD Textiles, and ordered the Defendant to do so, and the Defendant paid the Plaintiff KRW 65,587,930 in sequence to the price of goods under the instant contract.

C. The Defendant: (a) entrusted the 23,416 YD process to F and finally sent to F.

The finished product original unit was sold from November 2013, 201 to Vietnam, etc. with the clothes of the brand called 'Cremon', which was called 'Cremon' and then brought in Korea again.

The process leading to the processing and sale of the Textiles of this case shall be as follows.

C (Design, Title) - Effective (F) - (C) - (F) - (F) - (F) - (F) / [Based on recognition] without dispute, Gap evidence 1 through 6, Eul evidence 1, 15, 25 through 28 (including paper numbers) and the purport of the whole pleadings.

2. According to the above facts of recognition as to the claim of the principal lawsuit, barring any special circumstance, the Defendant is from August 1, 2013, which is the day following the Plaintiff’s supply of the textile yarn to the Defendant, with the price for goods under the instant contract (i.e., KRW 84,929,955 - KRW 65,587,930), barring any special circumstance.

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