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(영문) 서울남부지방법원 2018.01.11 2016가단43395
물품대금
Text

1. The Defendant’s KRW 9,860,126 as well as the Plaintiff’s KRW 6% per annum from August 18, 2017 to January 11, 2018.

Reasons

1. Basic facts

A. Upon receiving orders from Samsung C&T Co., Ltd. (hereinafter “T&T”), the Defendant offered original materials to the Plaintiff and requested the processing of the said T&T to the Plaintiff on February 2016.

B. However, the Plaintiff processed Nitts 1,00 in the color of Nitts (hereinafter “instant Shirts”), followed the inside and outside of the original group, and had the Defendant discover that the processing was wrong during the latter half of work and suspended work.

Since then, the Plaintiff resumed work and completed the instant Shirts, and the Defendant collected the completed Shirts.

C. Meanwhile, the processing price of the instant line of work is KRW 8,250,000, and thereafter, the processing price for the other work that the Defendant requested the Plaintiff around September 2016 is KRW 17,913,591.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. As seen earlier, as seen in the determination of the cause of the claim, the defects were generated after being processed in a state where the original body of the instant stack was behind it. However, in full view of the following circumstances acknowledged by the evidence adopted earlier, i.e., all of the instant stacks were completed, and the Defendant collected and collected all the said stacks, and it appears not to be easily known to the general public as to whether the instant stacks were defective because they were not easily distinguishable between the inside and outside, and even Samsung T&T, it cannot be deemed that there was a defect to the extent that it was insufficient to satisfy the performance generally required by social norms.

Therefore, it is reasonable to deem that the Plaintiff completed the normal process of the instant shrts.

Therefore, barring any special circumstance, the Defendant, barring any special circumstance, shall pay the Plaintiff a full-time processing fee of the instant line of convenience 8.

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