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(영문) 인천지방법원 2016.01.19 2014나18155
물품대금
Text

1. Of the judgment of the court of first instance, KRW 77,340,00 against the Plaintiff and its related thereto, from September 16, 2014 to January 19, 2016.

Reasons

1. Basic facts

A. On November 20, 2013, the Defendant contracted for the development and supply of smart projectors from Cube Electronic Co., Ltd. (hereinafter “Cube Electronic”), and among which, the Defendant concluded a contract for the development and supply of smart projectors for KRW 200 million. Of which, on December 27, 2013, the Defendant concluded a contract for the Plaintiff, who made a gold production and sale in the name of “B” (hereinafter “instant contract”).

From that time, the Plaintiff started the production of the gold model.

B. During the Plaintiff’s production of the foregoing gold form under the instant contract, CBE wished to change the gold-making company to CBE Co., Ltd. (hereinafter “CBE”), and CBE drafted a contract modification agreement with the Defendant on January 29, 2014, excluding the gold-making business that the Defendant received from CBE, the contract amount is reduced to KRW 100 million, and the contract amount is reduced to KRW 100 million, and the contract of this case concluded between the Plaintiff and the Defendant is terminated, but the Plaintiff’s signature or seal is not attached to the said contract modification agreement.

C. On February 7, 2014, the Plaintiff received an inquiry from the Defendant on the progress rate of gold production from the Defendant sent the Defendant’s production status of smart scam to C around that time (hereinafter “instant mail”). Around February 7, 2014, there was a statement on the instant mail stating that “The Plaintiff was a gold-type of KRW 82,640,000 out of the smart documentary salt amounting to KRW 100,000,000, out of the amount of KRW 100,000,000, paid to the Plaintiff.”

[However, in the case of BEAM CAS UPPPPER and BE CAS LOWER (total amount of KRW 23,000,000) each around the above time, only 90% has been completed, and 20,700,000 = 23,000,000 x 0.9 x 100% on the premise that the above amount can be completed by 100% on the condition that all of the above amount can be completed by 23,00,000).

On the other hand, on February 11, 2014, the representatives of the Won, the Defendant, and the CCBE transfer the gold-type produced by the Plaintiff at the Defendant’s office and the gold-type cost already produced by the Plaintiff.

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