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(영문) 수원지방법원 2019.11.21 2019가단2465
금형대금
Text

1. The defendant shall pay 31,350,000 won to the plaintiff and 12% per annum from March 21, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On June 8, 2018, the Plaintiff: (a) and D on behalf of the Defendant and the Plaintiff agreed to produce and supply parts necessary for the manufacture of the Agricultural Working Team (Bloket, handker, knicker) to the Defendant; and (b) if the Plaintiff developed and manufactures gold papers necessary for the manufacture of the said parts by July 5, 2018, the Defendant had ownership; (c) the Defendant shall pay to the Plaintiff KRW 31.5 million (including value-added tax) for the production of prototypes by the date of approval for the manufacture of prototypes.

B. Around August 2018, the Plaintiff developed a gold punishment and completed production, and requested the payment of the penalty and the progress of the procedure for approving the manufacture of prototypes. However, the Defendant refused the payment of the penalty without proceeding with the procedure for approving the manufacture of prototypes.

[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1 through 3, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, the defendant is obligated to pay 31,500,000 won of the penalty and damages for delay to the plaintiff, except in extenuating circumstances.

B. As to this, the Defendant asserted to the effect that, even though the Defendant requested the suspension of gold production through D, the Plaintiff could not respond to the Plaintiff’s claim because the Plaintiff voluntarily produced gold-type without receiving the down payment. However, the statement in the evidence No. 1 cannot be deemed as having requested the suspension of gold production through D, and there is no other evidence to acknowledge this otherwise, and as long as the contract for gold production was concluded between the Plaintiff and the Defendant, it cannot be deemed that the Plaintiff commenced the development and production of gold-type without receiving the down payment, on the ground that the Plaintiff started the development and production of gold-type without receiving the down payment. Therefore, the Defendant’s assertion is without merit.

In other words, the defendant asserts that the plaintiff could not respond to the plaintiff's claim because the plaintiff did not supply the above gold, etc. to the defendant, but the plaintiff completed the production of gold as seen earlier.

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