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(영문) 부산지방법원 2017.06.22 2016가단55963
물품대금
Text

1. The Defendant: (a) KRW 26 million to the Plaintiff and the Plaintiff’s 6% per annum from October 21, 2016 to June 22, 2017.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 and 5:

The Plaintiff is a person who runs a gold-type business, such as the manufacture and sale of gold in the name of “C,” and the Defendant is a person who runs a business such as the manufacture and sale of automobile parts in the name of “D.”

B. From July 9, 2015, the Plaintiff traded the production and supply of gold to the Defendant over a period of at least ten years.

2. The assertion and judgment

A. The summary of the parties’ assertion (1) during the period from April 28, 2015 to July 9, 2015, the Plaintiff produced and supplied the respective gold-types listed in the separate sheet No. 1 (hereinafter “each gold-types of this case”) to the Defendant ten times, and the Defendant did not pay KRW 30.6 million in total.

(2) Although the Defendant ordered the Plaintiff to produce each of the instant gold models, among them, the part in [Attachment 4, 5, 9, and 10] of [Attachment 1] among those parts (hereinafter “gold-type”) cannot be indicated by the Plaintiff due to the Plaintiff’s other work quantity. The 4, 5 gold-types are produced by the Defendant itself, and the 9 gold-types are requested to be produced from “F” operated by E. The 10 gold-types were requested to be produced from “H” operated by G, and the part in which the Defendant actually produced and supplied gold-types according to the Plaintiff’s order was limited to KRW 1-3, 6-8.

In addition, the production cost of KRW 9.2 million in total (i.e., KRW 1.8 million in KRW 20 million in KRW 1.8 million in KRW 1.8 million in KRW 6 gold-type 2.2 million in KRW 1.6 million in KRW 7 million in KRW 1.6 million in KRW 1.8 million in KRW 7 million in KRW 1.8 million in KRW)

B. (1) Determination (1) In full view of the purport of the entire pleadings as to whether the Plaintiff produced and supplied all of the gold papers of this case to the Defendant, part of the statement of transactions prepared by the Plaintiff in relation to the production of the gold papers of this case, based on the evidence No. 1 (including paper numbers; hereinafter the same shall apply).

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