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(영문) 대전지방법원천안지원 2016.11.04 2015가합1461
용역대금
Text

1. The Defendant’s KRW 91,150,609 as well as the Plaintiff’s annual rate of 5% from September 2, 2015 to November 4, 2016, and the following.

Reasons

1. Basic facts

A. When a water supply supervisor has to repair by water leakage, heating, or blocking, or when moving to a water supply pipe, it is necessary to prevent flow of the water due to the water supply pipe. In this context, it is necessary to repair or relocate the water without taking a wide range of fractional measures, to prevent only the water pipes within a narrow range, and to install a bypass pipe on the part of a narrow water pipe.

As can be seen, the method of construction that allows work without taking a single measure is called as a "unauthorized blocking method", and the equipment used for the above public method is called a "unauthorized blocking device".

B. The defendant mainly engages in the business of installing a sub-specing system at the request of the Korea Water Resources Corporation or the local government.

C. The Plaintiff had manufactured and supplied equipment to the Defendant through the process of manufacturing automated machines with the trade name of “C”. From March 2010, the Plaintiff transferred the equipment to the Defendant’s factory located in Dong-gu, Dongnam-gu, Seoul.

From 2013 to June 2015, the Plaintiff: (a) designed and manufactured the attached devices (hereinafter “instant devices”) such as Poskhing and sub-speaking machine, which are sub-speaking devices; and (b) supplied them to the Defendant.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, 4, 19, and Eul Nos. 7 (including branch numbers; hereinafter the same shall apply), the result of appraiser E’s appraisal, and the purport of the whole pleading

2. The Defendant asserted that the Plaintiff is obligated to pay only KRW 471,581,442, which is part of the following, to the Plaintiff the design and production cost, the amount of public fault profit, value-added tax, and the amount of F work cost.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 216,758,814 (=471,581,442 won-254,822,628).

① Design and manufacturing cost of the instant device: 369,793,350 won (2) from 369,793,350 won to 369,793,350 won, and the cost of manufacturing other parts listed in 12 attached Table 12.

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