Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Of the Plaintiff’s claim, the court of first instance fully accepted the part on the processing fees for the portion on July 2013, and entirely dismissed the portion on the processing fees for the portion on October 2013.
Since only the plaintiff appealed, the scope of the court's trial is limited to the claim for the processing fee of October 2013, which is the part against the plaintiff.
2. Basic facts
A. The plaintiff is a salt coloring company, and the defendant is a person who operates a direct product export company with the trade name C.
B. The Plaintiff and the Defendant provided the original body exported by the Defendant from April 2013 to October 2013 of the same year to the Plaintiff, and upon the request for salt color, the Plaintiff supplied the original body in color, and the Defendant traded by calculating the processing fees on a monthly basis, by the method of paying the Plaintiff for the following month.
C. Upon the Defendant’s request, the Plaintiff colored the original body and supplied the original body equivalent to KRW 21,425,982 on September 2013, and KRW 21,421,076 on October 2013, and the Defendant paid the Plaintiff KRW 21,425,982 on September 2013.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings
3. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the processing fee of October 2013, 201, KRW 21,421,076, and delay damages therefrom, barring any special circumstance.
4. Judgment on the defendant's defense
A. The Defendant’s assertion was raised from the Defendant’s business partner as a consequence of the occurrence of a yellow phenomenon from some of the fluorants, among the fluorants, due to the bad erode in salt processing from April 2013 to July 2013.
Accordingly, the Plaintiff promised to pay the full amount of damages incurred when it becomes final and conclusive by the Defendant’s business partners, without raising any objection, and is the US$ 30,166. Therefore, the Plaintiff is obligated to compensate the Defendant for the damages equivalent to the fixed amount of damages.
Therefore, the defendant's plaintiff.