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(영문) 대구지방법원 2016.10.11 2016가단21176
가공료
Text

1. The Defendant paid KRW 35,839,009 to the Plaintiff and KRW 6% per annum from April 1, 2016 to October 11, 2016.

Reasons

1. Where there is no dispute between the parties to the determination as to the cause of the Plaintiff’s claim, or when comprehensively taking account of the purport of the entire pleadings as to the statement in Gap evidence Nos. 2 and 3, the Plaintiff is engaged in the mobile phone assembly and sale business; the Defendant is engaged in the TV license manufacturing business with the trade name D; the Defendant requested the Plaintiff to process the products for the period from January 8, 2016 to March 14, 2016; the Plaintiff was paid 3 million won out of 5,667,420 won on January 3, 2016 and paid from the Defendant on March 3, 2016; and the unpaid amount remains 2,67,420 won; 14,436,235 won on February 2, 2016 and 14, 2016 and 214,275 won on March 27, 2016 and 275 won on delay damages (i.e., 3636 won and 25 won.

2. Judgment on the defendant's defense

A. As to the assertion of the Food Credit, the plaintiff, along with his employee, provided meals to the defendant's factory while carrying out the processing work. Since there is no dispute between the parties as to the facts of the food cost 2,92,00 that the plaintiff did not pay to the defendant, the above food processing fee should be deducted from the above food processing fee, and the defendant's assertion of the food credit deduction has merit.

B. As to the claim on the deduction of the amount of loss of the Crererecing, the Defendant asserts that the amount of loss should be deducted because the Plaintiff suffered a loss equivalent to KRW 19,139,600 due to the occurrence of defective goods among the goods that were processed by the Plaintiff, and due to the re-improvement of the defective goods, etc., the above amount of loss should be deducted. However, there is no other evidence to acknowledge it. (On the other hand, the Plaintiff asserts that the claim amount of this case is the amount claimed after the settlement with the Defendant by deducting the defective goods from the defective goods that were processed by the process at the end of each month, etc.).

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