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(영문) 인천지방법원부천지원 2017.06.27 2016가단104007
금형대금청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On March 12, 2015, the Plaintiff entered into a gold-type contract with the Defendant on the production and supply of gold-type, such as gold-type, etc. (1) with the content that the Plaintiff produced and supplied KRW 16.5 million with the Defendant for the set-type mobile phone store and presses at KRW 16.5 million.

(2) On March 12, 2015, the Plaintiff entered into a gold production and supply contract with the Defendant with the content that the fire alarm machine type was manufactured and supplied for KRW 8.25 million.

(3) On April 2015, the Plaintiff made and supplied a mold of spuging and sampling with the Defendant. The Plaintiff entered into a contract for product processing and producing and supplying gold with the content that the price shall be paid when the gold production of the instant product is carried out upon approval from the ordering person after completing the production of sampling.

(4) Around May 2015, the Plaintiff entered into a gold production contract with the Defendant with the content that the gold sentence “LED-900W” was produced and supplied for KRW 16.5 million.

B. On August 31, 2015, the Plaintiff, who issued the Plaintiff’s tax invoice, made a form of gold, etc. under the contract for the production and supply of gold, etc., and issued the tax invoice related thereto to the Defendant. The details and amount of specific issuance are as listed below.

Classification Amount (units: 1) The gold-type 9,900,000 gold-type 2 LED-900 W 3 LED-900 W 3 LED-900 W 1,870,000 4 fire alarm type 3,300,000 4 fire alarm type 32,505,000 5 large-type 5 large-type 32,505,000 total 32,505,000

C. The Plaintiff paid C and the Defendant’s payment of KRW 22,505,000 from the Defendant’s business director on November 12, 2015 and KRW 2 million on November 18, 2015. The Plaintiff received KRW 22,505,000 from the Defendant on December 11, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, 6, 7, 8-1 through 3, 10-1 through 4, 13-1, 2, 14-1 through 3, 15-1 through 18, 16-1.

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