logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2016.06.16 2014가합1790
임가공료 등
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 44,736,842 to the Defendant (Counterclaim Plaintiff) and its related amount from October 24, 2014 to June 16, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. From September 2013, the Defendant: (a) provided the Plaintiff with the original parts purchased by the Defendant from around September 2013; (b) entered into a pregnant contract with the effect that the Plaintiff will colored the said original parts and deliver them to the Defendant (hereinafter “instant contract”); and (c) accordingly, the Plaintiff supplied the original parts to the Defendant.

B. The Defendant sold the original body supplied by the Plaintiff to a clothes manufacturer, such as GM International Co., Ltd. (hereinafter referred to as “M”), Korea-Saz Co., Ltd. (hereinafter referred to as “Korea-Saz”) (hereinafter referred to as “Korea-Saz”).

[Reasons for Recognition] Unsatisfy, A’s testimony, and the purport of the whole pleadings

2. We examine the determination as to the cause of the principal claim. The fact that the Plaintiff did not receive KRW 80,012,832, out of the cost of processing that the Plaintiff supplied to the Defendant from January 2014 to March 28, 2014 under the instant contract, is not a dispute between the parties. Thus, the Defendant is liable to pay the Plaintiff the above fee of processing fees of KRW 80,012,832 and the delay damages therefrom, barring any special circumstance.

3. Determination on the main lawsuit, counterclaim claim, etc.

A. 1) The parties’ assertion (1) as to the cause of the main claim and counterclaim (a) the Defendant’s assertion that there was a defect, such as a yellow phenomenon (the color change in the original body) or the colorlight, on the original body that the Plaintiff asserted and supplied by the Defendant, and the Plaintiff did not return the original body owned by the Defendant or arbitrarily carried out the original body of the Defendant, delayed the payment period or arbitrarily suspended its delivery, thereby causing damage to the Defendant.

Therefore, since the defendant offsets damages claim 249,060,724 from the above defects against the plaintiff's claims for processed fees, the defendant does not remain the processing fees to be paid to the plaintiff. Rather, the plaintiff is obliged to pay the remainder of damages to the defendant, which is KRW 169,047,892.

arrow