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(영문) 수원지방법원 2016.02.12 2015가단11386
임가공비
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 29,804,530 as well as the full payment from March 28, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a person who runs metal heat treatment business in the trade name of C, and the defendant is a person who runs machinery manufacturing and repair business in the trade name of D.

B. At the Defendant’s request, the Plaintiff supplied heat processing plants from February 201 to May 20, 2014, but did not receive KRW 29,804,530 for the clinical processing costs.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, 7, 8, Eul evidence 1, the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the claim of the principal suit, the Defendant is obligated to pay to the Plaintiff the amount of KRW 29,804,530, which is payable to the Plaintiff, and the damages for delay calculated at the rate of 15% per annum from March 28, 2015 to the day of full payment, which is the day following the day when the duplicate of the principal complaint of this case is served to the Defendant.

B. As to the judgment on the Defendant’s defense and counterclaim claim, the Defendant incurred a total of KRW 86,407,310 from March 9, 2007 to September 2, 2013 as material costs of 24,440,910, processing costs of KRW 15,90,00, and ② from May 17, 2008 to December 12, 2011 due to the heat treatment of Category 32,36,400, processing costs of KRW 13,70,000, and KRW 13,40,000, and KRW 86,407,310, from March 9, 2007 to September 2, 2013, the Defendant’s counterclaim against the Plaintiff set off the Plaintiff’s damage claim against the Plaintiff within the scope of equal amount, and paid the remainder of KRW 56,96,70,708,308,408,57,700

On the other hand, it is not sufficient to recognize only the descriptions and images of Eul evidence Nos. 2 through 5, 8 through 11 (including paper numbers) as to the defective heat treatment of the plaintiff asserted by the defendant, and there is no other evidence to recognize it, and the above assertion by the defendant is without merit.

3. If so, the plaintiff's claim on the principal lawsuit is justified, and the defendant's claim on the counterclaim is dismissed as it is without merit.

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