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(영문) 인천지방법원 2015.06.18 2014나11468

물품대금

Text

1. Of the judgment of the court of first instance, the part of the main lawsuit against the plaintiff (Counterclaim defendant) corresponding to the amount ordered to be paid below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a business entity that manufactures and sells plastic withdrawn, and the Defendant is a business entity that manufactures and sells a direction indicator.

Around March 2007, the Plaintiff entered into a contract with the Defendant for the supply of containers (hereinafter “each of the instant goods”) with the content that the Plaintiff would pay the Plaintiff the penalty and the container price to the Plaintiff when manufacturing and supplying each of the instant goods to the Defendant, on or around April 2008, with respect to the direction-setting containers for 100g of use, the direction-setting containers for 200g of use, and the tamper containers for tamper containers (hereinafter “each of the instant goods”), and on or around April 2008, when the Plaintiff manufactured and supplied the instant goods to the Defendant, the Plaintiff would provide the Defendant with the container that the Defendant would pay the penalty and the container price to the Plaintiff (hereinafter “each of the instant contracts”).

B. When entering into each of the instant contracts, the Plaintiff and the Defendant set the gold price at KRW 9 million for each type of container, and the price for each of the instant goods was determined as follows:

The unit price of container supply: 100 won for 100g direction container: 226 won from December 2, 2007 to July 31, 2008 235 won: the unit price for the container from August 31, 2008 : 234.5 won and the unit price for the container supply 100g direction container: 150 won per unit price for the container (the unit price for the container supply 50g direction container : 276 won per unit price for the container from December 31, 2007 to July 31, 2008 (the unit price for the container 226 won plus 50 won) / the unit price for the container supply 200g direction container from August 208 to 35, 205 (the unit price for the container : 205 won to 305 won per unit price for the container supply (= the unit price for the container : 305 won to 25.35 won per unit price for the container)

C. In order to produce each of the instant goods, the Plaintiff produced the gold-types listed in the separate sheet (hereinafter “each of the instant gold-types”). From March 2007 to June 4, 2013, during the period, the Defendant: (a) from March 2007 to June 4, 2013; (b) from March 2007 to 100g direction containers; (c) from December 2007 to 200g direction containers; and (d) from April 2008 to spambling containers.