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(영문) 서울서부지방법원 2016.01.07 2015가단208958
계약금반환 등
Text

1. The Defendant’s KRW 96,84,00 and KRW 74,690,00 among the Plaintiff, respectively, shall be KRW 22,154,00 from July 27, 2013, and KRW 22,154,00.

Reasons

1. Cancellation of a contract for the supply of crops;

A. On May 2, 2012, the Plaintiff asserted that: (a) between the Defendant and the Defendant, the Defendant supplied the Plaintiff’s husband with 100 finished products that designed, manufactured, and assembled the metal mold of each part of the B products whose husband registered the utility model right; and (b) the Plaintiff entered into a contract for crop supply with the content that the Plaintiff would pay 97 million won to the Plaintiff for the gold-type expenses; (c) the Defendant failed to produce and supply the gold and finished products completed by December 30, 2014, which is the agreed deadline, and thus, did not perform its contractual obligations on December 30, 2014.

In this regard, the defendant asserts that B proposed by the plaintiff did not prepare specific performance and manufacturing standards, and that he agreed to produce products through mutual complementary work, and that he improved the problems and completed the production of gold products on December 30, 2014 through organic discussions with the plaintiff.

B. The so-called production supply contract under which one of the parties to judgment agreed to supply goods made by using his own materials according to the order of the other party and the other party shall pay the price for the manufacture. Since the nature of the contract exists in terms of the sale and purchase and the nature of the contract, in terms of the supply and sale, the applicable law applies to the case where the goods to be manufactured and supplied by the contract are substituted by the goods to meet the demand of a specific client. However, if the goods are ancillary goods to meet the demand of a specific client, the supply of the goods and the manufacture are made with the main purpose of the contract.

In addition, the burden of assertion and proof on the completion of the work in the contract for work is against the contractor who claims the payment of remuneration for the result of the work, and the contract for the supply of production has been completed once the last work is completed.

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