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(영문) 전주지방법원 2017.07.20 2016나2645
공장임대료 등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 27, 2014, the Plaintiff’s directorO, the Defendant’s director G, and N directly operated by the Defendant under the Plaintiff’s participation in H, discussed the contract under which the Plaintiff would be deemed to have entered into an ex post facto processing process (inspection, ideology, etc.) of the parts, such as the automobile and boiler, which the Defendant directly operated. The Plaintiff and the Defendant entered into the ex post facto processing outsourcing transaction agreement between June 2014 and August 2014 (hereinafter “the instant outsourcing transaction agreement”).

(2) On August 20, 2014, after entering into a contract, the Plaintiff and the Defendant entered into a basic contract for outsourcing transactions, and the relevant content of the instant case is as follows.

[Defendant asserted that there is no basic contract for the external transaction that only sent the uncompletioned contract to the Plaintiff by e-mail and the valid contract for the loan does not exist. However, as long as the evidence submitted by the Defendant alone is insufficient to acknowledge it and the seal impression of the original and the Defendant is affixed on the end of the basic contract for the external transaction (Evidence A8), the contract shall be deemed to have been concluded to be valid. However, the supplementary document (Evidence A No. 11) is not written at the end of the contract date and the parties’ column and it is not possible to confirm the data that there is no separate original, and it is not possible to confirm that there is no separate original. Thus

1. The unit price of parts shall be determined in consultation with the plaintiff and the defendant in accordance with a reasonable calculation method added to appropriate management expenses and profits, taking into consideration the quantity, quality, history, period of payment, method of payment, material price, labor cost, market price, etc.;

3. In cases where the determination of a unit price under paragraph (1) is delayed due to special reasons, the provisional unit price determined by an agreement between the plaintiff and the defendant shall be applied, and in such cases, the difference between the provisional unit price and the fixed unit price shall be settled

Article 36 (Measures after Cancellation or Termination of Contracts)

3. The defendant's assets at the time of cancellation and termination of the contract shall be immediately returned, and the defendant's failure to comply with the plaintiff's products and products at his own discretion.

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