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(영문) 서울북부지방법원 2015.10.28 2014가합1359
임가공비
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) paid to the Plaintiff (Counterclaim Defendant) KRW 258,916,185 and KRW 61,247,175 among them.

Reasons

A principal lawsuit and a counterclaim shall also be deemed to have been filed.

1. The Plaintiff and the Defendant entered into a CMT contract (a contract under which the Defendant provides the original group, and the Plaintiff entered the first supply mold 1-7) on October 31, 2013 on a unit price set forth in the attached Table’s “number” as to the male KONEX 72,000, Women’s KONEX 18,000, and the order 27,000, and the order 27,000. The Plaintiff did not provide the Defendant with the original group, and the Plaintiff entered into the first supply mold 1-7, and the first supply mold 1-7, and the Plaintiff did not provide the Defendant with the first supply mold 10 days after its supply within 10 days, and the Plaintiff did not provide the Defendant with the above specifications 15,00,000 from November 15, 2013 to December 30, 2013 with Gap evidence Nos. 2601 to 2615,50,000.

Therefore, the defendant is obligated to pay to the plaintiff the above processing costs of KRW 260,016,185, which the plaintiff seeks, KRW 258,916,185, and delay damages.

2. Determination as to the defendant's defense of set-off and counterclaim

A. As to the claim for return of unjust enrichment, the Defendant’s assertion 1) supplied the Plaintiff with both the parts and subsidiary materials of KONEX and KONEX, and the Plaintiff intentionally refused to supply KONEX 34,00 and 18,000 to KON 18,00. The Plaintiff, without any legal ground, has gained a benefit equivalent to the total of KRW 371,015,729 (WON 160,820,000) and the market value of KON and KON 160,820,000, and the Defendant suffered a loss in the same amount, and thus the Defendant asserted that the aforementioned claim for return of unjust enrichment against the Plaintiff and the Plaintiff’s claim for processing costs are offset against the amount equal to that of the Plaintiff’s claim for processing costs. In addition, the above assertion is asserted by the Defendant.

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