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(영문) 대구지방법원 2016.11.18 2015가단8114
물품대금(임제직료)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 14,997,382 on March 12, 2015 and the Plaintiff-Counterclaim Defendant (Counterclaim Defendant) on November 18, 2016.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. A. On October 2014, the Plaintiff and the Defendant concluded a contract on the placement of the original parts as presented by the Defendant and supplied them to the Plaintiff, and the Defendant entered into a contract on the placement of the original parts to pay the Plaintiff the fee (hereinafter “instant contract”).

B. On October 2014, from around December 2014 to December 2014, the Plaintiff supplied the original group (hereinafter “the instant original group”) to the Defendant, and the Plaintiff paid KRW 16,292,562 for the portion of October 2014, KRW 29,864,835 for the portion of occupational duties on November 2014, KRW 50,52 for the portion of KRW 4,367,385 for the portion of occupational duties on December 2014, and the Plaintiff paid KRW 50,524,782 for the portion of KRW 50,52 for the portion of KRW 16,292,562 for the portion of KRW 20 for the portion of KRW 16,52,562 for the part of the original group that was removed by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Gap 8 evidence, Gap 9 evidence, the purport of the whole pleadings

2. Determination on the main claim

A. (1) The Plaintiff’s assertion (1) The Plaintiff supplied the Defendant with an original set of KRW 50,524,782 from October 2014 to December 2014, and thus, the Defendant is obligated to pay the said payment to the Plaintiff.

Although the Defendant refused to pay the entire fee by asserting that the design of a certain parts removed from office was different, the original part may be used in both the front and rear sides, and the front and rear sides may be replaced as required, which is not known to the Plaintiff as to which part of the original part would be used as a contract between the Plaintiff and the Defendant, and thus, the Plaintiff removed the original part using the design file received from the Defendant, and then sent the original part to the Defendant on August 2014 of the design confirmation car, and then sent the original part to the Defendant at the Defendant’s request after receiving the order on October 2, 2014, while producing the first two parts of the first two parts of the design confirmation car, and then sent the whole part of the original part at the Defendant’s request. In order for the Plaintiff to confirm the design.

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