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(영문) 의정부지방법원 2014.04.22 2013가단27053
대여금
Text

1. The Defendant paid KRW 23,017,00 to the Plaintiff KRW 6% per annum from July 23, 2012 to June 4, 2013.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who operates the manufacture company of metal malicious millsa with the trade name of B, and the Defendant is a corporation whose business purpose is to conduct the manufacture and sale business of oral decorations, and the Plaintiff and the Defendant, from around 1996 to 2012, issued an order for the Defendant to supply the Plaintiff with verbal front-down or burners, etc., a transaction that the Plaintiff manufactured the decoration and supplied it to the Defendant.

B. At the time of the above transaction, those used only for the production of certain parts of the product that the Defendant orders, while the production cost of the paper for the production of the paper for the production of the paper for the production of the paper for the production of the paper for the production of the paper for the production of the paper for the production of the whole paper. Accordingly, when the Defendant pays the money for the Plaintiff along with the product orders, the Plaintiff paid it to the gold producer for the production of the paper for the production of the paper for the production of the paper for the production of the paper for the production of the paper for the production of the paper for the first time,

C. The Plaintiff and the Defendant have traded in the way that the Defendant fully pays the production cost as above at each time of the transaction since 2005. However, since the Defendant’s economic situation was not good before 2005, the Plaintiff and the Defendant traded under a credit agreement under which the Plaintiff would pay the remainder of production cost at its own expense and pay the remainder of 30% to the Plaintiff thereafter.

However, in 2005, when the defendant did not pay the gold production cost equivalent to 30% of the gold production cost under the above agreement and changed its customer to another company, the plaintiff demanded the defendant to pay the gold production cost and take over the gold production cost under the above agreement, which the plaintiff had paid at his own expense.

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