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(영문) 대구지방법원 2015.10.22 2014나16485
임가공료
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. A. Around June 2013, the Defendant, who is engaged in the sex criminal release manufacturing business under the trade name of “D, agreed to make an investment in the business fund between E and E, and that E divide one half of the profits by taking charge of the operation and business of the manufacturer of electronic parts.

B. Accordingly, on June 19, 2013, the Defendant: (a) leased at its own expense KRW 10,000,000, monthly rent of KRW 1,000,000; and (b) installed electronic parts manufacturing machinery from July 1, 2013 to June 30, 2015; and (c) installed electronic parts manufacturing companies (hereinafter “instant business entity”) at the instant workplace.

C. On the trade name of “H”, Plaintiff A and I engaged in a forest processing business with the trade name of “H”, and Plaintiff B supplied E with the electronic equipment that was processed after receiving a request for the forest processing of electronic equipment, and E re-deliveryed to J under the name of “D.”

Plaintiff

A fails to receive the processing fees of KRW 7,632,328 as of December 28, 2013; and Plaintiff B, as of October 31, 2013, the processing fees of KRW 884,400 as of October 31, 2013.

(hereinafter the plaintiffs' respective contract processing fees obligations are referred to as "the contract processing fees obligations of this case"). E.

The Defendant received respectively the payment of KRW 12,989,684 on November 28, 2013, and KRW 9,532,792 on January 2, 2014.

F. Meanwhile, E, separate from the instant business entity, operated a private business entity, “K” for the purpose of manufacturing electronic communications at a part of the instant business establishment from August 5, 2013 to June 30, 2014.

【In the absence of dispute over the grounds for recognition, Gap evidence 1 and Eul evidence 2, Eul evidence 1, 2, 6, Eul evidence 3, each of the testimonys E by the first instance court and the appellate court, part of the testimonys by the witness E by the first instance court and the appellate court, the fact-finding with respect to the J of this court, and the fact-finding with respect to this court.

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