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(영문) 인천지방법원 2020.07.09 2018가단239256

물품대금

Text

1. On August 17, 2018, the Defendant: (a) against Plaintiff B, KRW 15,259,271, and Plaintiff C and D, respectively, KRW 10,172,847 and each of the said amounts.

Reasons

1. Facts of recognition;

A. A is a company that engages in the production of gold-type and the production of gold-type products with the trade name of “F”, and the Defendant is a company that engages in manufacturing and wholesale and retail business.

B. From among the mid-2015, A made a contract with the Defendant, and A concluded a contract with the Defendant for the manufacture of gold bars of assembly trussess of public toilets sanitary collection boxes (hereinafter “instant gold bars”) and for the supply of plastic mortars of sanitary collection boxes produced using the gold plates produced by the Defendant (hereinafter “instant contract for the manufacture and supply of this case”).

C. After directly producing the instant gold model, A supplied the instant gold model to H who operates G, after directly producing the plastic fastening components [one set comprised of six parts per set (M/BODY), cases, open air bags, Libers, Libers (PUSH KNB), and one set of six parts (hereinafter referred to as “instant goods”) were delivered to G while requesting H to produce the instant goods (the first set of the instant gold type of goods was produced from G; the remainder was produced from G; the whole parts were produced from G); and the Defendant did not dispute over KRW 10,100 (the part of the instant goods produced by A directly or through G, with the exception of defective goods, such as those supplied by the Defendant).

On July 6, 2015, the Defendant paid KRW 35,00,000 in total from May 3, 2016 to November 9, 2016.

On August 26, 2016, the Defendant paid KRW 4,253,00 to G.

E. On July 11, 2016, A prepared a written confirmation to the Defendant that “I (the wall stop box, the instant goods)’s private production management, production enterprises management, and gold management, which were managed by F, will be entrusted to the Defendant on July 1, 2016,” and the Defendant entered into a direct goods supply contract with G, and received the instant goods from G.

F. A shall file the instant lawsuit.