logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.02.01 2017가합51840
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a corporation established for the purpose of manufacturing and selling industrial machinery, manufacturing and selling automation machinery, etc., and the defendant is a person who is operating the manufacturing business of semiconductors and automation equipment in the trade name C.

B. On October 26, 2016, the Defendant ordered 396,000,000 won (including value-added tax) for 2 machinery equipment E (hereinafter “former Machinery”) from D Co., Ltd., and on November 11, 2016, 1,089,000 won for 1,089,00,000 won for 6 machinery equipment (hereinafter “former Machinery”) respectively, and requested the Plaintiff to manufacture and supply part of machinery parts of the 1,2 machinery.

C. The Plaintiff and the Defendant agreed on the manufacturing cost of machinery parts of the first machinery as KRW 68,00,000 per unit (excluding value-added tax) and that of machinery parts of the second machinery as KRW 95,00,000 per unit (excluding value-added tax). Accordingly, the Defendant paid all of the Plaintiff KRW 776,60,000 (including value-added tax) in total.

[Ground of recognition] Gap evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 3 through 5, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff asserted that he manufactured and supplied the machinery parts of the 1 and 2 machinery from the Defendant, which were additionally requested by the Defendant to manufacture and supply the machinery parts of the 1 and 2 machinery.

Therefore, the defendant is obligated to pay 474,982,000 won (excluding value-added tax) in total, including the additional production cost of 229,008,00 won required for the manufacturing of the parts of the parts of the machinery of the machinery of the machinery of the machinery added to the plaintiff (excluding value-added tax) and the additional production cost of 245,974,000 won required for the manufacturing of the parts of the machinery of the second machinery.

B. We examine whether the aforementioned evidence and the statements in Gap evidence Nos. 6 to 10 have been entered into a separate contract with the original Defendant regarding the additional manufacture of machinery parts of machines Nos. 1 and 2.

arrow