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(영문) 수원지방법원 2017.02.09 2016나53883
가공비
Text

1. According to the Plaintiff’s expansion of the purport of the claim in the trial, the judgment of the first instance is modified as follows.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that runs gold-type development and withdrawal business, and the Defendant is a person who conducts gold-type production business, etc. with the trade name “D”.

B. C around May 2014, around 31, 2014, supplied approximately 350 gold parts to the Defendant, and entered into a contract for the processing and supply of gold parts (hereinafter “instant processing contract”) with the content that the price shall be KRW 200,000 per completed product.

C. C was a member of the Plaintiff Company, who was the representative of E, known to the general public for the implementation of the instant processing contract.

C supplied 102 gold parts completed from May 30, 2014 to June 10, 2014 (hereinafter “instant completed parts”) to the Defendant.

E. As the Defendant failed to deliver the agreed quantity of goods by the due date agreed upon by C, on June 2014, the Defendant visited the Plaintiff’s office and returned 240 finished parts, which C had been on duty (hereinafter “finished goods of this case”).

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 9 (including additional numbers), Eul's evidence No. 1, Eul's witness C's partial testimony, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. As to the lawsuit of this case against the defendant on behalf of the plaintiff in the contents of the defendant's defense prior to the merits, the defendant asserts that the lawsuit of this case is unlawful, since the plaintiff did not have any claim against C as a defense prior to the merits, and C does not have any present status of insolvency.

B. In full view of the existence of the preserved claim Gap 7 and 12 through 14 (including the serial number), and the testimony and the whole purport of the arguments by the witnesses of the trial party C, C and the plaintiff enter into a parts processing contract with the subcontractor in the name of the plaintiff for the implementation of the instant processing contract, and the agreement between C and the subcontractor to internally bear the obligation under the said contract (hereinafter referred to as the "instant agreement").

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