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(영문) 창원지방법원마산지원 2017.11.28 2016가단106103
가공비
Text

1. On January 20, 2017, the Plaintiff (Counterclaim Defendant) paid KRW 3,963,500 to the Defendant (Counterclaim Plaintiff) U.S. Co., Ltd. and its related amount.

Reasons

1. Determination as to the main claim against Defendant 1

A. Basic facts 1) On February 26, 2016 and March 8, 2016, Defendant Jin-jin ordered the Plaintiff (hereinafter “B”) to engage in the manufacturing industry with the trade name “B”) a total of 20 showers (2.3 million won per unit, total of 46 million won) (hereinafter “instant first order”).

) The material and the drawing(s) of the material and the drawing(s) (A) indicate that the street size is “1379.6,” and there is no indication on the cross-section.

(2) On May 3, 2016, May 17, 2016, and May 18, 2016, Defendant Jinjin ordered the Plaintiff to order a total of twenty (20,000 won per unit 3.1.6 million won, total of 63.2 million won) (hereinafter “the second order”) (hereinafter “instant second order”), the materials and drawings thereof (the street size is indicated as “1401.9”).

After processing and supplying the above product, the Plaintiff received 50,560,000 won (=3160,000 won x 16) out of the above processing costs from the Defendant Jin-jin.

3) Separate from the foregoing orders, the Plaintiff processed and supplied the products in accordance with the orders of the Defendant Jin-jin, and on August 31, 2016, the processing cost of which is KRW 14,716,900 (including value-added tax) (hereinafter “instant tax invoice”).

[Grounds for recognition] A. 1-6 Evidence (including paper numbers; hereinafter the same shall apply) without dispute

each entry, video, and the purport of the whole oral proceedings

B. The Plaintiff’s assertion 1) processed the product in accordance with the first order of this case, and discontinued the product due to the Defendant’s fault. The processing cost based on the Defendant’s paradoxis is KRW 10 million.

B) In addition, the Plaintiff was not paid KRW 14,716,90,00 as stated in the instant tax invoice and KRW 14,716,90,00 among the processing costs under the second order of the instant second order from Defendant Yjin, and accordingly, sought payment of KRW 67,356,90 (i) as a sum against Defendant Yjin (ii).

2) With respect to the first order of this case, the products processed by the Plaintiff are all defective products.

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