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(영문) 인천지방법원부천지원 2017.10.13 2016가단106904

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 5, 2014, the Defendant entered into a mechanical order contract (hereinafter “instant contract”) with the non-party interesting machinery industry company (hereinafter “interesting machinery”) on a set of KRW 374,00,000 with respect to the sales price for the real container-type 2 sets (hereinafter “instant machinery”).

B. The instant machinery is a machine that reduces the manufacturing process of the entire product by making it to be assembled from the beginning without going through an additional process that combines plastic and solid containers separately from plastic parts, and is domestically manufactured until at the time.

C. On May 18, 2014, interesting machinery subcontracted the manufacturing of the instant machinery to the Plaintiff, and received the instant machinery from the Plaintiff and supplied it to the Defendant.

The defendant did not pay 48,000,000 won out of the contract price of this case to interest-based machinery.

E. On December 7, 2015, interesting machinery transferred to the Plaintiff part of KRW 48,00,000 out of the contract price claim of the instant case, and notified the Defendant thereof.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, 4, and 7 (including paper numbers), Gap evidence Nos. 3, Eul evidence Nos. 1 and 3 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion asserts that the defendant did not pay KRW 48,000,000 out of the price, even though he manufactured and supplied the instant machinery under the contract of this case. Thus, the defendant is obligated to pay the above KRW 48,00,000 to the plaintiff who is the assignee of the price of the goods.

B. The so-called production supply contract under which one of the parties to the contract of this case agrees to supply goods made of his own use of materials according to the order of the other party, and the other party agrees to pay the price therefor. In terms of production, the nature of the contract of this case has the nature of the contract and the nature of the sale in terms of supply.