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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is a company that aims at manufacturing and selling electronic equipment and parts, and the Defendant is a company that aims at manufacturing and selling motor vehicle parts.
B. Around August 2014, the Plaintiff entered into a contract with the Defendant to process and supply scamets, and supplied 34,508,760 won in total to the Defendant from around that time until September 2015, and received KRW 23,864,060 from the Defendant as scamets.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The parties' assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the plaintiff the unpaid 10,644,70 won (=34,508,760 won - 23,864,060 won) and damages for delay.
B. The defendant's assertion 1) The defendant's assertion as to the plaintiff's claim as to the plaintiff's claim is that the plaintiff will bear the price necessary for the production of the plaintiff's ticket. However, since the plaintiff did not have the ability to pay the price, the defendant first paid the price to the production company and then agreed to deduct the above price from the plaintiff's ticket price, the defendant's claim as to the plaintiff's claim for the price for the ticket should be deducted from the plaintiff's claim for the price for the ticket amount of KRW 4,180,000.
In this regard, the Plaintiff asserted that there was no agreement on the payment to be borne by the Plaintiff.
B. We examine the following circumstances, i.e., the evidence mentioned above and the testimony of the party witness C, which are acknowledged as being comprehensively incorporated into the overall purport of the pleadings, i.e., the employees C of T&C, the original business entity ordering the Defendant to produce soft tickets, stated to the effect that the party liable for the payment is not determined and that it shall be determined by mutual consultation at each time, and ii) the Defendant is “the Plaintiff in the preparatory documents dated December 2, 2016 and April 7, 2017.”