(영문) 의정부지방법원 2013.10.31 2011가합13477

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(영문) 의정부지방법원 2013.10.31 2011가합13477

염색가공료지급

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is from November 16, 2011 to KRW 215,890,548 to the Plaintiff-Counterclaim Defendant (Counterclaim Defendant) and its amount.

Reasons

1. Basic facts

A. From December 2009 to August 201, the Plaintiff entered into a contract with the Defendant for salting, processing, packing, and delivering the original body to the Plaintiff, or to a third party designated by the Defendant (hereinafter “instant processing contract”).

The contents of the contract are as follows:

[The plaintiff and the defendant shall prepare a separate contract as of the last day of each month during the contract period, and the contents thereof shall be the same except for Article 1 (Details of Discretionary Processing)]. The quality of Article 2 shall be based on the quality proposed by the plaintiff.

Article 3 The plaintiff shall deliver processed materials to the place designated by the defendant or to the third party designated by the defendant under the responsibility of the plaintiff.

Article 4 The plaintiff shall supply only successful goods and process them in accordance with the defendant's instructions with respect to the nature, size, packing, etc. of the goods and deliver them without loss, damage, or reduction.

Article 5 Settlement of Funds for Voluntary Processing shall be made on the last day of the delivery after the completion of the delivery.

A party that has breached this Agreement shall be liable for any damages arising therefrom.

Article 7 Matters not specified in this Agreement shall be governed by general commercial transactions.

B. In accordance with the instant processing contract, the Plaintiff supplied dye color and processed nuclear fuel to a third party in accordance with the orders of the Defendant or the Defendant during the said contract period, and claimed the Defendant for the salt processing fees monthly incurred during the said period, and the sum of the salt processing fees so claimed is KRW 1,93,78,025.

C. The Defendant paid 1,777,897,4777 won to the Plaintiff at any time by completing the payment of salt processing fees under the instant processing contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 4, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is obligated to pay 215,890,548 won to the plaintiff according to the instant processing contract.

(b).

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