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(영문) 수원지방법원 2017.01.12 2015가단134395
임가공비
Text

1. The Defendant’s KRW 54,203,281 as well as the Plaintiff’s KRW 6% per annum from July 25, 2012 to January 12, 2017, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a company established by the employee who retired from the Defendant. From September 1, 2009, the Plaintiff began to perform the manufacturing process upon being entrusted with the manufacturing of packing materials, etc. from the Defendant, and at the time, determined the processing cost to 8.5% of the processed product value that the Defendant received.

(hereinafter referred to as “instant discretionary processing contract”). B.

The defendant was ordered to commence the rehabilitation procedure on November 30, 2009.

The plaintiff calculated 10.5% of the processed product value from April 201 to filed a claim against the defendant. The defendant was granted permission from the rehabilitation court to pay the processed product cost calculated by 10.5% up to April 2012.

C. Around May 2012, a dispute arises between the Plaintiff and the Defendant regarding the ratio of the calculation of the discretionary processing costs, and the Defendant notified the Plaintiff of the termination of the instant discretionary processing contract on or around June 4, 2012, and the Plaintiff performed the discretionary processing work until July 2012.

[Reasons for Recognition] Facts without dispute, Gap 1, 6 through 9 (including various numbers in the case of additional numbers), the purport of the whole pleadings

2. The parties' assertion

A. From April 201, the Plaintiff and the Defendant agreed to raise the cost for the clinical processing under the instant contract from April 201 to 10.5% of the value of processed products supplied by the Plaintiff.

As above, the sum of the contractual processing costs incurred up to June 2012 from the termination date of the instant contract pursuant to the increased processing rate was KRW 1,661,715,813; the Defendant paid KRW 1,393,863,447 in cash and KRW 71,335,054 in bills; and the Defendant paid KRW 142,234,031 in means of the Defendant’s payment of wages on behalf of the Plaintiff employees; and the unpaid KRW 54,283,283,281 in cash (=payment of KRW 1,661,715,813 - Cash payment of KRW 1,393,863,447 in cash - Payment of KRW 71,335,054 in cash - Payment of the Plaintiff employees’ wages on behalf of the Plaintiff employees, KRW 142,34,031 in delay.

B. From April 201, the Plaintiff and the Defendant asserted the instant case.

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