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(영문) 대전지방법원 2016.09.29 2015나109513

물품대금

Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

Reasons

Basic Facts

The plaintiff is a company established for the purpose of manufacturing mining equipment.

On June 1, 1993, Defendant A, and Defendant B, on November 16, 201, respectively, registered as individual business operator with the trade name of “C” and “D.” From around 1993, the Defendants have produced strings, scrapers, etc. while jointly operating a factory with the size of 1,682 square meters prior to F in Chungcheongbuk-si.

The Defendants between the parties and E become aware of the fact that they were engaged in the overseas export business of the sorting machine in around 2008, and E entered into a contract with the Defendants to grant exclusive rights to all screening machines produced by the Defendants, and to receive more than the minimum quantity required by the Defendants, and Defendant A entered into a contract with the Defendants to specify this. Defendant A, on November 3, 2010, entered into a contract with “G Company Representative” H with the aforementioned content (No. 2).

(hereinafter “instant contract”). E sold a sorting machine produced by the Defendants to a business entity in Africa under the instant contract, and the demand in Ghana increased, thereby seeking new supply sources. Around 2011, the Plaintiff and the Plaintiff agreed to produce a sorting machine at the Plaintiff’s party factory and sell it to E.

Meanwhile, around that time, E introduced the Plaintiff to the Defendants as a supplier of steel products and accessories, and the Defendants were supplied with steel products and accessories necessary for the production of sorting machines from that time.

From September 201 to May 201, the method of settlement of the agreed price between the parties and E exported to a business entity in A and a business entity in B, each of which was produced by the Plaintiff and the Defendants. In the form of purchase of the selection machine produced by the Defendants, the Plaintiff was an exporter and exported to A and was established in the name of the Plaintiff.