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(영문) 대구지방법원서부지원 2015.12.16 2014가단30975

물품대금

Text

1. The Defendant’s KRW 13,593,443 as well as its annual 6% from October 18, 2014 to December 16, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. From June 2012 to October 2013, the Plaintiff engaged in the business of manufacturing plastic-type products was requested by the Defendant as a gold-type or automobile parts manufacturing business chain, and was supplied with materials and metal by the Defendant, and supplied the Defendant with the automobile parts after manufacturing them.

B. The Plaintiff and the Defendant traded with a set of temporary unit price when manufacturing parts of an automobile model to be newly launched. If the automobile enters the two-dimensional mass production system, the Plaintiff and the Defendant settled the price for the goods already paid at a fixed unit price and then traded with a fixed unit price.

C. From June 2012 to May 2013, 2013, the Plaintiff supplied the Defendant with “Y290 FOG 1273-5007 (LH)” products 19,874, and “Y290 FOG 1273-5008 (RH)” products 39,844 (the sum of the above two products plus the two products) with the temporary unit price of KRW 920,00. Since then, the Defendant determined the fixed unit price of the instant products between the Plaintiff and the Defendant and E.S., the prime contractor, by deducting 10% of the fixed unit price from the fixed unit price of the instant products.

From June 2012 to July 2013, the Defendant deducted KRW 7,673,637 from the price of the goods to be paid to the Plaintiff as the discount fee for the bill, and paid KRW 8,094,447 to the Plaintiff from August 2013 to October 2013 (i.e., the total sales of the Plaintiff KRW 47,59,297 - KRW 39,504,850 on October 24, 2015.

【Fact-finding without a dispute over the ground for recognition】 Facts-finding, Gap evidence 1, 3-1 through 6, 4-1 through 6, 5, 6, Eul evidence 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The defendant's payment for the goods payable to the plaintiff (=8,094,447 won - 5,000,000 won) and 7,673.