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Reasons
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(영문) 부산지방법원 2014.06.10 2013가단94592
물품대금 등
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1. The Defendant’s KRW 5,769,777 as well as the annual rate from December 19, 2013 to June 10, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is the trade name of C, and the defendant is a person who carries on the manufacturing business of new products with the trade name of D.

B. From the end of December, 2011 to the end of December, 2012, the Plaintiff manufactured a new product as ordered by the Defendant and received the payment from the Defendant.

As a result, the total amount of KRW 10,378,547 was paid to the Plaintiff, and the Defendant paid KRW 3 million among them to the Plaintiff.

In addition, the cost of return due to defective goods is KRW 1,690,000.

C. On the other hand, the Plaintiff paid 81,230 won on behalf of the Defendant.

[Ground for recognition] Unsatisfy

2. Determination

A. The plaintiff is the defendant 1-B.

The payment of 7,378,547 won (10,378,547 won for new production) under this subsection shall be sought.

Of the remainder of KRW 7,378,547, the costs of return for the goods supplied by the Plaintiff are as seen earlier. As such, the Defendant is obligated to pay to the Plaintiff 5,688,547 won (7,378,547-1,690,000) and damages for delay thereof.

The plaintiff's claim for this part is reasonable within the scope of the above recognition.

B. According to the above facts, the Defendant is obliged to pay the Plaintiff the electricity fee of KRW 81,230 and the delay damages.

C. In addition, the Plaintiff asserts that the Defendant is obligated to pay the development cost of KRW 17,590,000 (1,000 x 17,590 x 17,590) per unit as agreed in advance to the Plaintiff, since two employees of the Plaintiff were residing in the Defendant’s place of business from September to December 2, 2012, and were to develop a new product with a total of KRW 17,590 for young children.

Only on the basis of the descriptions in each of the evidence Nos. 4, 5-1, 2, and 6-1 through 21, the plaintiff shall request the defendant to produce the new product, and shall pay the development cost of KRW 1,000 per unit.

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