Text
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
Reasons
1. Basic facts
가. 피고는 PC필름(TV의 하단에 부착하는 용도로 사용됨)을 가공하여 LG전자에 납품하는 영업을 하였는데, 그 가공 과정은 PC필름의 앞면에 투명 도료를 도포하는 작업(이하 ‘1차 공정’이라 한다)을 한 다음, 뒷면에 금속 이온을 진공증착(眞空蒸着)하는 작업(이하 ‘2차 공정’이라 한다)으로 나뉘어 진행된다.
B. The Defendant awarded a contract to A.S. for the primary process to A.S., but the primary process was conducted in the way that A.S., Inc. received film from the Defendant and took over the PC on its front side, took over the PC, steves the painted on its front side, and steves the PC, and affixed the protective film on the both sides of the PC.
C. Around March 14, 2013, the Plaintiff was awarded a contract with the Defendant for the secondary process, and completed the secondary process from March 18, 2013 to March 27, 2013.
However, the process of the second process was carried out by the Korea Film Foundation after the PC, which completed the first process, was delivered to the Korea Film Foundation, and the protective films attached on both sides were removed, and then, the process was carried out by the Korean Film Foundation by having it attach the protective films to the Defendant.
And the PC film was stored and moved in the form of a bruma in the form of a horse.
E. Meanwhile, the contract amount set forth in the contract between the Plaintiff and the Defendant is KRW 41,156,975 (excluding value-added tax).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2, 3 and 5, the purport of the whole pleadings
2. According to the facts acknowledged prior to the determination of the principal claim, since the Plaintiff received a contract from the Defendant for the secondary process of the PC film and completed all of them, the Defendant concluded a contract with the Defendant, and thus, the Defendant claimed the Plaintiff’s “claim” as stated in the said contract.