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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is a person engaged in the repair and parts manufacturing business, etc. of the launch machine with the trade name of C, and the Defendant is a person engaged in the manufacturing business, etc. of machinery with the trade name of D. 2) The Defendant requested E to prepare the design drawings of the launch machine in the manufacturing of the launch machine to be exported to Vietnam on or around March 2014. Upon introduction of E, the Plaintiff began transactions with the Plaintiff upon requesting the Plaintiff to manufacture the parts entered into the said launch machine.
B. (1) On May 12, 2014, the Plaintiff received an order from the Defendant to KRW 5,600,000 (excluding value-added tax) from the Defendant, and manufactured and supplied the Defendant with 4 feet, width, and 8 feet, etc. from May 12, 2014 to May 29, 2014 (hereinafter “the first supply”). (2) On July 2014, the Plaintiff manufactured and supplied the instant goods (hereinafter “the second supply”) to the Defendant around July 2014, upon receiving a request from the Defendant for the production of the E pocketer (the parts connected to the conclusion part of the pressurer; hereinafter “the instant goods”).
C. The Defendant paid KRW 2,800,000 to the Plaintiff on May 12, 2014, and KRW 1,100,000 on May 27, 2014, and KRW 2,500,000 on May 29, 2014, and KRW 8,400,000 on June 3, 2014.
[Ground of recognition] The fact that there is no dispute, Gap's 3, 7, 9, Eul's 1 and 2, Eul's testimony and whole oral argument
2. The parties' assertion
A. Plaintiff’s assertion 1) The Plaintiff heard that the Defendant requested to produce the instant goods rapidly from E, and delivered, through E without a separate estimate, the estimated price (7,916,000 won) of the instant goods, verbally, through E., and upon accepting this, the Defendant produced the instant goods and supplied the instant goods to the Defendant. 2) As to the Defendant’s assertion on payment of the price, the Plaintiff received KRW 8,400,000 from the Defendant.