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(영문) 서울중앙지방법원 2017.05.18 2016가단5159879

물품대금

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On or around March 27, 2015, the primary claim Plaintiff: (a) supplied 500 to 700 semiconductor parts (hereinafter “the parts of this case”) manufactured by the Rabco Corporation located in the U.S. to the Defendant from May 27, 2015 to August 8, 2015; (b) agreed to be paid the price by the Defendant; and (c) notified the Defendant of the preparation to supply the parts of this case to the Defendant pursuant to the agreement; (d) the Defendant refused to supply 4,850 of the parts to be supplied pursuant to the agreement; (c) the Defendant refused to pay 102,11,900 won for the parts of this case (i.e., USD 4,850 x value-added tax x USD 1650 x 16 x 16 x 15 x 16 x 16 x 16 x 16 x 16 x 15 x 16 x 16 x 16 x 16 x 15 x x 15 x x 15 x x 15 x x 15 .

However, it is not sufficient to recognize that the Plaintiff agreed to supply 50 to 700 parts of this case to the Defendant around March 27, 2015, and from May 27 to August 8, 2015, the Plaintiff was engaged in the business of importing and selling semiconductor parts used in the electronic equipment, and the Plaintiff supplied semiconductor parts, etc. used in the manufacture of video monitoring equipment to the Defendant who is engaged in the business of manufacturing and selling semiconductor parts, etc. of this equipment. However, there is no other evidence to acknowledge otherwise.

Therefore, the Plaintiff’s assertion based on the premise that the above agreement was concluded between the Plaintiff and the Defendant is without merit.

2. Preliminary claim;

A. The Plaintiff’s assertion that the continuous and unfair reversal of transaction is one of the Plaintiff’s assertion that the part of this case, which was manufactured by the seal room, is expected to be the part of this case to be severed from the seal room, while engaging in the continuous supply transaction.