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(영문) 전주지방법원 2019.08.22 2018가합2225

물품인도

Text

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

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

Reasons

1. Facts of recognition;

A. The parties concerned are companies established for the purpose of pressureing, manufacturing, and processing of non-ferrous metals. Defendant B (hereinafter “Defendant B”) is a company established for the purpose of manufacturing non-ferrous metals and steel products, and Defendant C is an employee of Defendant B.

B. On May 1, 2017, the Plaintiff entered into a contract for the supply of goods with the content that the Plaintiff would supply Aluminum chips, which are by-products generated in the process of manufacturing Aluminium wheelchairs, to Defendant B (hereinafter “instant contract”).

Of the content of the instant contract, the part relating to the instant case is as follows.

A contract for the supply of goods shall be concluded by mutual agreement between the plaintiff (the seller in this contract) and the defendant B (the buyer in this contract) on the same terms and conditions as the other party provided in this contract.

Article 2. Method of Transaction

1. Defendant B shall be supplied with Aluminum chips from the Plaintiff.

2. The Plaintiff shall supply the aluminium chips to Defendant B as much as possible after removing foreign substances.

Article 6. The Plaintiff shall settle down on the last day of each month and issue a tax invoice within 10 days, and the Defendant B shall pay the purchase price for Alumin chips to the Plaintiff in cash.

Article 7 (Prohibition of Disposal) Defendant B shall not transfer or substitute chips for any reason, which are by-products purchased, and shall not establish a third party security or pledge for the purpose of security, and Defendant B shall compensate for the damages of the Plaintiff as determined by the Plaintiff.

C. On September 14, 2017, Defendant C cannot pay 200 million won unpaid wages to the employees until September 21, 2017, on behalf of the said employees, as the 13 representative employees working for Defendant B.