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(영문) 부산지방법원 2020.01.10 2018나2346
금형가공비
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff operates “D” in the operation of cutting processing and steel plate manufacturing business, and the Defendants operate “E” in the operation of manufacturing business, such as rubber products.

B. On March 2, 2016, the Defendants entered into a contract with the FF Co., Ltd. (hereinafter “F”) under which “G sets”, the rubber room (hereinafter “instant products”), which is the rubber room, to produce and supply the goods at KRW 17,360,000, and the delivery date as of April 15, 2016.

The product of this case is designed to stop the ship on the wharf or on the side of another ship by relaxing the shock caused by any contact that may arise on the side of the other ship and prevent damage to each ship. The product of this case is manufactured in accordance with the drawing presented by the party which requested the manufacture. The product of this case manufactured the gold mold in line with this, and then manufactured the product of this case by harding synthetic materials, such as rubber, into the gold mold.

C. On March 2016, the Defendants entered into a contract with the Plaintiff to manufacture the gold mold for the production of the instant product (hereinafter “the gold mold”) in KRW 12,320,000 and to supply it until the 25th of the same month.

In addition to the above gold mold production contract, the Defendants entered into a contract with the Plaintiff on March 15, 2016 to proceed the steel material cutting work with KRW 14,300,000 until May 15, 2016, and KRW 3,047,000 until June 10, 2016, and concluded a contract to manufacture and supply KRW 5,291,550 until June 20, 2016.

E. The Defendants supplied the instant product manufactured using the gold mold to F on May 4, 2016. However, due to the defect in “outstanding”, the instant product was entirely returned and disposed of on May 10, 2016, and the Defendants did not receive KRW 17,360,000 from F.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, 3 and 4, and arguments.

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