정산금청구
1. Main Defendant A Co., Ltd. (Counterclaim Defendant) is the Plaintiff (Counterclaim Defendant) at KRW 352,004,162 and the Plaintiff’s response thereto. < Amended by Act No. 12890, Dec. 2, 2014
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a company whose purpose is to carry on the business of printing and printing industrial products, the business of processing the name plates, the business of processing the surface of materials, and the business of manufacturing electronic components, and Defendant A is a company with the purpose of printing, manufacturing, and selling electronic components
Defendant B is a person who operates C, and C is a firm established by Defendant A for the purpose of delivering to Samsung Electronic.
Defendant A, Defendant B, and the Plaintiff agreed that Defendant A bear the obligation to pay money in the event that C bears the obligation to pay money due to the transaction of fugitives with the Plaintiff.
B. On June 2012, the Plaintiff entered into and implement the instant supply contract (i) the film abutting on the surface of glass to Defendant A and C in order to prevent flying dust (Antied Film, cell phone oil oil is damaged; hereinafter “instant product”).
If the Plaintiff provided special films produced in Japan, etc., which is the raw material of fugitives prevention films, the Defendant A and C agreed to manufacture the instant products using the said special films received from the Plaintiff and supply them to the Plaintiff (hereinafter “instant supply contract”).
(2) Defendant A and C, while supplying the instant product to the Plaintiff pursuant to the above agreement, drafted a basic supply contract, etc. with the following content in order to clarify the above agreement and the quality contract, etc. incidental thereto (the following basic supply contract, etc. is entirely made between the Plaintiff and C, and the Defendant A and the Plaintiff have not been explicitly made, but as seen above, C is a nominal company established by Defendant A to deliver the instant product. As seen above, the Plaintiff is not divided into Defendant A and C even before the formation of the above basic supply contract, etc., and is a single trade agent, without distinction between the Plaintiff and the Plaintiff.