물품대금 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. As to the instant claim within the scope of the trial of the party, the first instance judgment cited only a part of the claims for corporeal movables, and dismissed both the remaining requests for delivery of corporeal movables and the monetary payment claims.
However, the defendant did not file an appeal against the part against the defendant in the judgment of the court of first instance, and the plaintiff did not file an appeal against the part against the plaintiff regarding the claim for delivery of corporeal movables among the part against the plaintiff in the judgment of the court of first instance.
Therefore, the scope of the trial for the party is limited to the claim of this case, and the request for delivery of corporeal movables was excluded from the object of the trial for the party.
2. The following facts do not conflict between the parties, or can be found in full view of Gap evidence Nos. 1, 2, 3, 5, 8, 9 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 to 7, and 10 to 13, and the whole purport of the arguments.
The Plaintiff is engaged in the business of selling cars, electronic equipment, etc. made of plastics with the trade name of “B”.
The Defendant manufactured and sold automobile parts, etc., and supplied the automobile parts to Hyundai Mosc Co., Ltd. (hereinafter “Moscis”) which is the primary partner of Hyundai Motor Co., Ltd. (hereinafter “Moscis”).
B. Around October 2010, the Defendant received an order from Hyundai Flus, and directly produced Albane (RBR, Beu, or type) Lighting Flus (hereinafter “part 1”) and supplied it to Hyundai Flus.
On April 201, the Plaintiff entered into a supply contract (hereinafter “instant supply contract”) with the Defendant to manufacture and supply the first parts to the Defendant at the Defendant’s request (hereinafter “instant supply contract”).
On the other hand, the plaintiff and the defendant on May 1, 201, the basic contract (part supply contract), the quality guarantee agreement, and the quality guarantee agreement.