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(영문) 부산고등법원 2016.02.03 2014나1478
용역비
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) constituted KRW 37,722,091 and also the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in metal processing, machinery manufacturing, and repair business under the trade name of “B,” and the Defendant is a company that engages in plastic (PVC) recycling business.

B. The Plaintiff manufactured, processed, and repaired the machinery requested by the Defendant from around 2006.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 3, the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion 1) was not paid KRW 26,300,000, out of the price of supplied goods that the Defendant manufactured and repaired the Defendant’s machinery from December 2, 2011 to March 2012, and thus, the Defendant is obligated to pay the said money to the Plaintiff.

B) The Plaintiff started work after being commissioned to manufacture and repair the de facto stack, roller, screen dust, and fish farm, etc. from the Defendant. The Defendant discontinued transaction with the Plaintiff without permission. The Plaintiff spent expenses of KRW 22,217,67,670 in total of KRW 12,450,00 for the above work, and labor cost of KRW 28,30,00 for on-site work, KRW 22,967,670 in total, (i) KRW 12,450,670 in total, KRW 12,450,300 in total, and KRW 28,300 in total, and KRW 28,300 in total, and KRW 25,00 in total for the above work. As such, the Defendant is also liable to compensate the Plaintiff for the damages incurred to the Plaintiff from the above claim for the supply of goods, the Plaintiff did not issue the value-added tax on March 2, 201, KRW 8,4700 in total.200.

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