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(영문) 서울중앙지방법원 2016.11.10 2015가단165704

물품대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff and the Defendant’s assertion are the cause of the instant claim, and the Plaintiff (B company) supplied the Defendant, at the Defendant’s request from May 2013 to October 2013, 2013, food and clothing materials equivalent to KRW 149,679,200, on credit. The Defendant asserted that the Plaintiff shall pay KRW 34,00,000 as the price for certain goods from November 16, 2013 to December 30, 2014, and that the payment of KRW 115,679,200 is not made.

As to this, the Defendant asserts that the price for the goods for the clothes and subsidiary materials (2013SS base goods) purchased by the Defendant upon entering into a contract for the supply of subsidiary materials from the Plaintiff was paid in full. The Defendant asserts that KRW 115,679,200 for the goods for the clothes and subsidiary materials (2013FW 2013W Ga and D) that the Plaintiff seeks as the cause of the instant claim is related to the supply of subsidiary materials between the Plaintiff and the E-EX (including E-EX Korea) Co., Ltd.

2. As to whether there exists a contract for the supply of subsidiary materials of KRW 115,679,200 between the Plaintiff and the Defendant, the Plaintiff’s testimony of the Plaintiff’s Plaintiff’s Plaintiff’s submission and the witness testimony of KRW 1 through 5 is insufficient to acknowledge it, and there is no other evidence to acknowledge it otherwise. Rather, the following circumstances, which are acknowledged in full view of the purport of the entire pleadings as follows: ① the Defendant, around May 2013, entered into a contract for the production of goods that would be provided with clothing finished products with the EXE, such as entering into a contract for the production of goods that would be provided with clothing finished products with the EXE; ② the Defendant, upon purchasing raw materials and subsidiary materials from the EXE, made a type of transaction in which the finished goods are supplied from the EXE; ② the Defendant and the EX entered into a contract for the production of finished goods at all prices including raw materials and subsidiary goods; and the production of the EXE as necessary.