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(영문) 부산지방법원 2015.07.10 2013가단69336
용역비
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 8,620,000 to the Plaintiff (Counterclaim Defendant) and its payment from November 10, 2012 to July 10, 2015.

Reasons

【Main of the principal lawsuit and counterclaim shall be deemed to be filed together】

1. The facts following the facts of recognition do not conflict between the parties, or may be admitted by taking account of the overall purport of the pleadings as a whole with respect to each description or image of Gap evidence 1 to 4, Eul evidence 1, 2, and 5 (including any number), and witness B and C, respectively.

The plaintiff is a person engaged in mechanical manufacturing business with the trade name D, and the defendant is a company engaged in non-metallic metal manufacturing business, high-railroad retail business, etc.

B. On October 26, 201, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant to receive KRW 15,620,000 (including value-added tax) for the purpose of compressing scrap metal, etc. installed at the Defendant’s factory (hereinafter “the instant compressed machine”). The Plaintiff received KRW 7,00,000 from the Defendant for the purpose of altering and repairing “the instant work” (hereinafter “instant contract”). The Plaintiff received KRW 7,000,00 from the Defendant.

C. On November 14, 2011, the Plaintiff commenced the instant work and completed the instant work by modifying and repairing the instant compressed machine in accordance with the attached drawing around January 3, 2012.

Meanwhile, during the instant work, the Plaintiff requested the E to undertake the work of remodeling and repairing the oil pressure gauge part, and the Plaintiff incurred KRW 6,000,000 as the repair cost (hereinafter “the first repair cost”).

However, after the completion of the instant work, the Defendant’s operation of the instant compressed machine and compressing the scrap metal, the Defendant’s operation of the instant compressed machine is referred to as “the damage of the instant case where the metric tons inside the attached drawings are cut off or damaged.”

E.

Accordingly, the plaintiff shall, at the request of the defendant, destroy the case in E.

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