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(영문) 대구지방법원서부지원 2015.07.23 2015가단1448
가공료
Text

1. The Defendant’s KRW 3,034,414 as well as the Plaintiff’s annual rate from April 1, 2013 to July 23, 2015, and the following.

Reasons

The fact that the Plaintiff did not receive KRW 97,478,350 from February 2, 2011 to March 2013, that the Plaintiff was engaged in textile processing and did not receive KRW 97,478,350 from the Plaintiff does not conflict between the parties. Therefore, the Defendant is liable to pay the unpaid processing fees to the Plaintiff and damages for delay, barring special circumstances.

The defendant asserts that the defendant's claim for the above settlement amount against the plaintiff is offset against the amount equivalent to the plaintiff's claim for the processing fee of this case, since the plaintiff supplied the additional source due to frequent work accident of the plaintiff and the settlement amount of the additional source price, etc. to be received from the plaintiff is 94,43,936 won.

According to the purport of the argument in the evidence Nos. 1 and 2 of Eul, the defendant supplied the plaintiff with an additional original unit while requesting the processing, and the claims for the settlement of the additional original unit amount of KRW 94,443,936 until March 31, 2013 have occurred. On April 22, 2013, the defendant sent to the defendant with a claim for the above settlement amount, which offsets the amount on an equal amount with the plaintiff's above processing fee claim. It is recognized that the claims for the settlement payment arising from the above settlement amount were settled every month from the processing fee claim. Thus, it is reasonable to view that the above processing fee claim and the settlement amount claim were set-off on March 31, 2013 after the payment period has arrived at all, and therefore, it is reasonable to deem that the plaintiff's processing fee claim and the above settlement fee claim against the defendant were set-off on an equal amount of KRW 97,478,350,350,439,494,37,394.

Therefore, the defendant's 3,034,414 won and its 3,034,414 won and the defendant's 5% per annum as stipulated in the Civil Act until July 23, 2015, which is the date of the judgment of this court, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

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