(영문) 부산지방법원 2015.01.23 2014나6852 | 리걸엔진

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(영문) 부산지방법원 2015.01.23 2014나6852

임가공비 반환

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal claim and counterclaim are dismissed.

2. The appeal costs.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 19, 2013, the Plaintiff subcontracted the processing of scket Ppe and clothes to the Defendants, and entered into a contract for the supply of processed goods (hereinafter “instant contract”) with the amount of KRW 17 million on February 28, 2013, the contract amount of KRW 17 million, the payment method of KRW 2 million, the intermediate payment of KRW 6 million after the end of each month, and the remainder of KRW 9 million after the end of each month (hereinafter “instant contract”).

B. In accordance with the instant contract, the Plaintiff transferred money and intermediate payment to the Defendant B’s account on February 19, 2013, and KRW 6 million on March 1, 2013, pursuant to the instant contract, and paid advance and intermediate payment.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3-1 and 2-2, the purport of the whole pleadings

2. The Plaintiff asserted by the Plaintiff, as the Defendants did not perform the instant contract and rescinded the instant contract by delivery of the copy of the complaint, the Defendants asserted that the Defendants should return the advance payment and intermediate payment that they received to the Plaintiff, and against this, the Defendants asserted that ① by presenting an unreasonable estimate that the Plaintiff could not perform, the Defendants concluded the instant contract to believe that it was, (a) the Defendants concluded the instant contract (the Plaintiff asserted that the Plaintiff concluded the instant contract for the voluntary contract in violation of Article 4(2)6 of the Fair Transactions in Subcontracting Act). (b) The Plaintiff and the Defendants, on March 12, 2013, received the wages calculated by the Defendants on a daily basis and concluded the instant contract for the instant voluntary contract with the Defendants again as the content of the instant contract. Accordingly, the Plaintiff asserted that the Defendants should pay the amount calculated by deducting KRW 8,00,000,000 already paid in the course of actually performing the instant contract for the instant voluntary contract from KRW 12,967,500,00.

3. Determination

A. The Defendants’ assertion No. 1 as to the invalidity (e.g., revocation) or re-contract of the instant contract.

참조조문

-하도급거래 공정화에 관한 법률 제4조 제2항 제6호

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