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(영문) 의정부지방법원 2020.11.17 2019가단16666

유체동산인도

Text

The defendant shall receive KRW 1,38,00 from the plaintiff, and at the same time, shall be stated in paragraphs (1) and (2) of the attached Table to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that produces electric machinery, equipment, etc. and runs wholesale and retail business, and the Defendant is a business entity that runs gold-type production and gold-type production business using gold-type trade name.

The Plaintiff provided the Defendant with gold-type design and materials to commission the production of finished products manufactured in the same way as the gold-type production and the production of finished products manufactured in the same way, and the Defendant supplied the finished products produced in the same way to the Plaintiff.

B. On November 7, 2018, the Plaintiff: (a) requested the production of a gold-type of KRW 5,000,000 to the Defendant; and (b) agreed to set the price for the production of the gold-type of KRW 6,50,000.

In this regard, the defendant completed the gold punishment specified in attached Table 1 (hereinafter "the article 1 of this case") and did not deliver it to the plaintiff due to the settlement of the price with the plaintiff.

C. On November 7, 2018, the Plaintiff: (a) requested the Defendant to produce four punishments for the production of 5 bitet finished products for electrical appliances, an electrical appliances, and to produce finished products using the cutting type.

In this regard, the main contents of the transaction agreement in this case (hereinafter referred to as the “instant transaction agreement”) are as follows:

In relation to this, the Plaintiff paid the sum of KRW 13,00,000 from December 4, 2018 to June 14, 2019, and the Defendant produced the gold type specified in paragraph (2) of the attached Table (hereinafter “instant Claim 2”).

Article 1 of the Written Agreement on Trade

1. The gold paper produced under this Agreement refers to the gold paper necessary for the withdrawal and production of products referred to in 55W dedicated diskettes produced by the Plaintiff, and the specific shape and standard shall be governed by SPEC identical to sampling and modeling transferred to the Defendant.

2.For the purposes of this Agreement, gold will be manufactured in four shapes and shall be manufactured in the following categories:

h Between the gold types produced under this Agreement and the gold types produced under this Agreement.