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(영문) 의정부지방법원 2018.01.18 2017나206855
임가공비등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in textile processing business under the trade name of “C,” and the Defendant is a person who engages in wholesale and retail business of textile yarns under the trade name of “D.”

나. 원고는 2011년 4월경부터 2012년 10월경까지 피고의 주문에 따라 피고가 공급한 원사(原絲, 실을 말함) 또는 스스로 조달한 원사를 이용하여 생지(염색 전 섬유원단)를 제작하여 피고 지정 염색업체에 납품하고, 위 염색업체는 생지를 색지(염색을 마친 섬유원단)로 만들어 피고에게 공급하는 거래를 하였다

(C) The above series of processes are combined, and the contract of this case is referred to as "the contract of this case".

On November 2012, the Defendant notified the Plaintiff of the discontinuance of trading.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. According to the following facts: (a) based on the determination as to the cause of the claim: (b) the Plaintiff’s purchase price in September 2012 pursuant to the instant contract was KRW 6,091,394; (c) the Plaintiff’s purchase price in October 2012 was KRW 18,91,580; (d) the Plaintiff sent a content-certified mail claiming the above payment to the Defendant on December 7, 2012; (e) the foregoing content-certified mail was accompanied by a relevant written claim and each tax invoice; (e) the Defendant paid KRW 2,00,000,000 on February 1, 2013; and (e) the Defendant paid KRW 1,00,000 on February 7, 2013; and (e) the Plaintiff paid KRW 1,000 on March 4, 2013; and (e) the fact that there was no dispute between the parties.

According to the above facts of recognition, the Defendant prescribed the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 4, 2013 to February 21, 2016, which is the delivery date of a copy of the complaint in this case, and from the following day to the day of complete payment, the Defendant’s claim against the Plaintiff (i.e., 6,091, 394 won 18,91, 580 won - 2,000 won - 1,000,000 won - 2,000,000 won).

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