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(영문) 수원지방법원 평택지원 2017.03.29 2016가합9171

계약무효확인 등 청구의 소

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The Plaintiff is a company engaging in the manufacture and sale of milk products. Defendant D is an employee from the time of establishment of the Plaintiff and was employed as the Plaintiff’s intra-company director from January 30, 200 to December 31, 201.

Defendant B was established on January 5, 2012; Defendant C was established on April 25, 2014 for the purpose of manufacturing and selling relics; Defendant C was established on April 25, 2014; Defendant E (hereinafter “E”) was a company established for the purpose of leasing real estate, etc.; Defendant D was working for the representative director from the date of establishment of each of the above companies.

On December 27, 2011, the Plaintiff entered into a contract between the Plaintiff and E with the content that the Plaintiff manages the Plaintiff’s accounting, accounting, general affairs, personnel affairs, and purchase by outsourcing to E.

On April 24, 2012, the Plaintiff entered into a contract between the Plaintiff and the Defendant with Defendant B to provide the Plaintiff with the specifications, colors, designs, packing methods, etc. of products to be produced, Defendant B entered into a contract with the Plaintiff to complete the products in accordance with such specifications and deliver them to the designated place. On August 13, 2013 and April 12, 2014, the Plaintiff entered into a contract with the Plaintiff to change the unit price of supply under the said contract.

(2) The Plaintiff entered into the instant contract with Defendant C on November 3, 2014 (hereinafter “instant contract”) with the same content as that of the instant contract, which was finally amended on April 1, 2014 (hereinafter “instant contract”). The Plaintiff entered into the instant contract with Defendant C on November 3, 2014 (hereinafter “instant contract”). In addition to the instant contract with the instant contract, “OEM” is deemed as the “instant contract.”

(2) The Plaintiff’s assertion of the Plaintiff against the Defendant Company of the entire purport of the pleading, including each number, and the Plaintiff’s assertion of the Plaintiff’s claim against the Defendant Company, following the conclusion of a contract with E and the Plaintiff’s representative director, shall change the Plaintiff’s method of producing milk.