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(영문) 서울중앙지방법원 2020.11.26 2019가합564931
가공비청구의 소
Text

1. The Defendant shall pay to the Plaintiff KRW 321,109,027 as well as 6% per annum from June 1, 2016 to September 24, 2019 and from the following day.

Reasons

Basic Facts

The following facts may be acknowledged either in dispute between the parties, or in addition to the whole purport of the pleadings, on the witness D's testimony, each entry of Gap evidence 1 through 8, Eul evidence 1 (including the branch numbers, and the same shall also apply hereinafter unless otherwise specified):

A A (hereinafter “A”) around January 2016, the Defendant entered into a secondary processing consignment agreement with the Defendant on the front cover (hereinafter “instant parts”) of the cell phone name “E” to be supplied by the Defendant to E Co., Ltd. (hereinafter “E”), and agreed to provide a group of processing costs, as in the supply contract between the Defendant and E, as in the supply contract between the Defendant and E, and then settle the processing costs calculated at a provisional unit price by determining the unit price by reflecting the processing conditions and quality control standards.

Accordingly, from February 2016 to March 25, 2016, A supplied the Defendant with 181,921 parts (hereinafter “the first minute”) and 40,418 parts (hereinafter “the second minute”) from March 26, 2016 to April 13, 2016.

The Defendant paid to A the processing cost of KRW 754,609,040 (including value-added tax, KRW 830,069,944) applied the processing cost of KRW 4,880 per unit to 154,63 of the instant parts, which correspond to 85% of the first parts, and carried forward the remaining settlement.

A The representative director D shall complete the minutes containing the following contents and make up the total of 67,706 of the first and second portions carried over by the Defendant G director, H director, and I head of I on May 29, 2016 (hereinafter “instant consultations”). After completing a settlement consultation, the total of 67,706 of the second and second portions carried forward by the Defendant, and 15% of the carry-over portion out from 3/25 up to 3/25 shall be closed at the closed price. The unit price of 4,890 - 3/26 to 4/26-4 of the opening price shall be 3,921 / 306-4 of the end of April, but in C, the request for the issuance of a tax invoice shall not be made immediately after the issuance of the bill:

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