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(영문) 수원지방법원안양지원 2016.03.09 2015가단104
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 49,687,845 to the Plaintiff (Counterclaim Defendant) and its amount from January 19, 2015 to March 9, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 1-1-3, taking into account the whole purport of the pleadings:

The plaintiff is a person who engages in gold-type manufacturing business, etc. with the trade name "D" in the Mapo-si, Sipopo-si, Sipo-si. The defendant is a person who engages in gold-type parts business, etc. with the trade name "F" in the Mapo-si

B. The Plaintiff and the Defendant entered into an gold processing contract with the primary metal manufacturing chain G to the effect that the Defendant processed and supplied the suspected gold punishment as required by G. 2) Thereafter, the Plaintiff and the Defendant entered into an gold processing contract with the Defendant, instead of the intent to supply the gold punishment to G, to the Defendant (hereinafter “instant processing contract”).

3) After that, the Plaintiff processed the instant processing contract and supplied it to the Defendant. The Defendant re-issued this to G. (4) The Plaintiff issued a tax invoice of KRW 70,104,420 in total, KRW 26,400,00 in relation to the instant processing contract, and KRW 41,432,930 in relation to the processing contract, and KRW 70,104,420 in total, on October 24, 2013. The tax invoice of KRW 2,00 in relation to the processing contract, which was issued by the Plaintiff on October 20, 2013, is a tax invoice issued by the Plaintiff on October 24, 2013.

2. According to the above facts finding as to the main claim, the defendant is obligated to pay to the plaintiff 70,104,420 won with the gold processing price under the instant processing contract (hereinafter “the instant processing price”) and damages for delay.

I would like to say.

3. Determination as to the defendant's defense and counterclaim

A. Of KRW 70,104,420 of the processed costs of this case claimed by the Plaintiff, the summary of the Defendant’s assertion: (i) gold supplied by G.

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