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(영문) 의정부지방법원 2021.03.09 2020가단16501
임가공료
Text

1. The defendant shall pay to the plaintiff 31,146,470 won and the interest rate of 12% per annum from November 5, 2020 to the day of full payment.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 and 2 (including branch numbers) as to the cause of the claim, the plaintiff may recognize the fact that the balance of the contract processing fees as of January 12, 2012, which is the date of termination of the pleadings of this case, was 31,146,470, by engaging in fiber processing as requested by the defendant from January 12, 2020 to September 2020.

Therefore, the Defendant is obligated to pay to the Plaintiff delayed damages calculated by the rate of 12% per annum from November 5, 2020 to the date of full payment, after the copy of the instant complaint was served on the Defendant.

2. The defendant's argument that although the defendant's work was revoked, the plaintiff's failure to return it to the defendant remains. Thus, the plaintiff cannot respond to the plaintiff's claim until the plaintiff returned it.

However, it does not seem that the defendant did not make a specific assertion or proof about the original body subject to return, and even though the defendant demanded the return of the original body, the plaintiff rejected it.

In addition, even if the plaintiff is obliged to return the original body claimed by the defendant to the plaintiff.

In light of the above legal principles, the Defendant’s obligation to pay the processing fees of this case and the Plaintiff’s obligation to return the original unit claimed by the Defendant are in the simultaneous performance relationship.

shall not be deemed to exist.

Therefore, the defendant's assertion is not accepted.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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