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(영문) 인천지방법원 2014.11.21 2013가단43641
결재대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 41,156,975 with full payment from June 8, 2013.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

가. 피고는 PC필름을 가공하여 LG전자에 납품하는 영업을 하였는데, 그 가공 과정은 PC필름의 앞면에 투명 도료를 도포하는 작업(이하 ‘1차 공정’이라 한다)을 한 다음, 뒷면에 금속 이온을 진공증착(眞空蒸着)하는 작업(이하 ‘2차 공정’이라 한다)으로 나뉘어 진행된다.

B. The Defendant awarded a contract to A.S. for the primary process to A.S., but the primary process was conducted in the way that A.S., Inc. received film from the Plaintiff and took over the PC on its front side and took a PC back, e.g., e., e., e., e., e.g., e., e., e., e., e., e.

C. Around March 14, 2013, the Plaintiff was awarded a contract with the Defendant for the secondary process, and completed the secondary process from March 18, 2013 to March 27, 2013.

However, the process of the second process was carried out by the PC, which completed the first process, to the non-party Korea Film Foundation, and was delivered to the Plaintiff after the removal of the protected films attached on both sides, and then, the process was carried out by the Korean Film Foundation by having it attach the protected films to the Defendant.

And the PC film was stored and moved in the form of a bruma in the form of a horse.

E. Meanwhile, the contract amount set forth in the contract between the Plaintiff and the Defendant is KRW 41,156,975 (excluding surtax).

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings

2. According to the facts acknowledged prior to the determination of the principal claim, since the Plaintiff was awarded a contract from the Defendant for the secondary process of film and completed all of them, the Defendant sought from the Plaintiff as a result of the completion of the secondary process of the contract amounting to KRW 41,156,975 as stipulated in the said contract.

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