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1.The judgment of the first instance shall be modified as follows:
2.(a)
The defendant shall pay to the plaintiff KRW 160,421,591 as well as to the plaintiff on January 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is an individual entrepreneur who operates the Textiles processing company “C”, and the Defendant is a company that engages in the business of manufacturing hairs and chemical fibers.
B. The Plaintiff traded with the Defendant since 2003, and the Plaintiff was provided with the original staff each month from the Defendant and supplied them to the original staff, and the transaction was conducted by means of requesting the Defendant to the early policeman of the following month for the amount of the monthly processing cost incurred during the said month.
C. As above, the Plaintiff has been treated as an outstanding amount in the course of continuous transactions with the Defendant. An outstanding amount accumulated as of May 2015 is KRW 154,234,223.
On June 2015, the Plaintiff was entrusted with processing by the Defendant, and completed the processing work in June 2015, and was processed as the original unit 15,847yd in June 2015, and supplied the original unit 5,358yd in its supply, and kept the remainder of the original unit 10,489yd (attached Table).
In June 2015, the processing price is KRW 17,083,756. Of these, the processing price is KRW 6,187,368 = 5,624,80 won = 5,624,880 won (= KRW 1,367,100 KRW 555,720 KRW 1,092,960 KRW 411,990 KRW 550,830 KRW 512,400 KRW 567,60 KRW 566,280) value-added tax is KRW 562,488, value-added tax is KRW 512,40 KRW 567,60 KRW 566,388, KRW 17,083,756 KRW -6,187,368).
E. On July 2015, the Plaintiff received a request for processing from the Defendant, and completed the processing work even in July 2015. Of the original specifications entered in July 2015, part of the original specifications is processed as the original unit 2,625yd (attached Form 2), and the remainder of the original specifications is kept together with the lower part of the attached Table 1,227 g (attached Table).
The processing amount for July 2015 is KRW 3,003,154.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, Gap evidence 11, the purport of the whole pleadings
2. Determination as to the cause of action
A. 1 Plaintiff’s assertion on the claim for the cost of processing the contract is unpaid to the Plaintiff.