beta
(영문) 서울남부지방법원 2017.05.19 2016가합102963

물품대금

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 1, 2009, the Plaintiff was engaged in food manufacturing and processing, food additives manufacturing and selling business, and agricultural and fishery products sales business, and changed the trade name from C to A stock company. The Defendant changed the trade name from D to E on August 14, 2013, which is for manufacturing and selling functional health foods, to E on August 30, 2013, but changed to B, a trade name as of August 30, 2013.

B. On November 1, 2006, the Plaintiff entered into a goods supply contract with the Defendant, and from October 1, 2007 to February 15, 2013, the Plaintiff supplied 323,372 kgggs of natural materials, such as the straw, straw, straw, Doma, Doma, Doz, spath, straw, black, yellow, yellow, and spores, to the Defendant, as well as the amount equivalent to KRW 3,704,308,610.

In addition, the price for the goods that the Defendant had supplied to the Plaintiff is KRW 492,574,161.

C. On the other hand, around May 2012, the Korea Food and Drug Administration added the Plaintiff’s powder to 10% from around October 2010 to February 2012, 2012, and discovered the fact that the Plaintiff sold the raw material content to 100% after mixing the powder powder with 10% from around 10% from around 2010 to around 200. The Council’s District Prosecutors’ Office issued a disposition of suspension of indictment on the Plaintiff’s violation of the Food Sanitation Act in relation to the above facts.

On October 5, 2012 and January 4, 2013, the Defendant: (a) classified the parts of natural materials supplied by the Plaintiff on two occasions, into pure products and products mixed with 100% of the powder of maizes; (b) demanded the Plaintiff to clarify the grounds for pure products with 100% of pure products; and (c) notified the Plaintiff of the scheduled claim for damages in relation thereto.

[Ground of recognition] The fact that there is no dispute, Gap 1 through 3, 5 through 7, Eul 1 through 4 (including each number; hereinafter the same shall apply), and the purport of the whole pleading

2. According to the judgment on the grounds of the Plaintiff’s principal claim, the above facts are examined. Although the Plaintiff’s natural materials portion supplied to the Defendant, the end of giving and receiving is the end of giving and receiving.

참조조문