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(영문) 수원지방법원 2018.11.21 2017나67346

물품대금

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company with the purpose of manufacturing and wholesale and retailing cosmetics.

B. The Plaintiff (the Plaintiff’s name: C) was provided by the Defendant with a primary base (referring to synthetic resin, Aluminium, LDPE-type polyethylene; hereinafter the Plaintiff’s name) and was entrusted by the Defendant with the production of cosmetic-containing vinyls, such as macact, etc.

If the Plaintiff provided D (business name: E) with a main unit after printing synthetic resin (hereinafter “the primary work”) on one-lanes, D directly supplied the said three main unit plastic bags (hereinafter “second work”) to the Defendant and directly supplied them in the whole paper form, and the Defendant made a plastic package package paper by cutting batteries for individual packing, putting them in the paper, and sealed them in the plastic package, and made them in the form of manufacturing the finished product.

C. Meanwhile, the Plaintiff received a separate request from the Defendant to perform the said work.

From April 10, 2014 to November 28, 2014, the Plaintiff supplied a total of KRW 45,097,194 to the Defendant by performing the primary work and joint work from around November 10, 2014. The Defendant paid KRW 21,734,059 out of the said payment to the Plaintiff.

E. The Defendant on September 16, 2014 and

9. Around 17.17. A product was manufactured with a packaging vinyl supplied to the Defendant via the primary and secondary operations, and the above packaging paper was entirely destroyed due to defects, such as the leakage of injecting liquid and the removal of the printed surface of the packaging paper manufactured with the overlapped surface of the packing paper (hereinafter “instant defects”).

F. On November 14, 2014, the Plaintiff prepared a certificate of debt repayment with the following content to the Defendant, and agreed to the following:

(hereinafter referred to as the “instant agreement”). A creditor: A debtor; a debtor; a debtor; a debtor; a debtor; a debtor; a debtor; a debtor; a debtor; a debtor; a debtor; a debtor; a debtor; a debtor; a debtor; the debtor; the debtor;