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(영문) 창원지방법원 2018.01.25 2016가합55172
손해배상(기)
Text

1. The Defendant’s KRW 93,171,279 for the Plaintiff and 6% per annum from November 26, 2016 to January 25, 2018.

Reasons

1. Basic facts

A. The parties concerned are companies supplying motor vehicle-powered parts from Hyundai Frania Co., Ltd. (hereinafter “Modern Frania”). The Plaintiff purchased parts from the Defendant to be supplied by the Defendant to Hyundai Frania and processed them, and then delivered them to the Defendant. One of the foreign-powered cooperation companies is the Plaintiff.

B. From May 2015, the Plaintiff and the Defendant’s 1) purchased materials from the Defendant and processed them and supplied them to the Defendant after receiving a request from the Defendant for the processing of a small-sized popular capital among the 6-speed automatic transmission components (transaction volume is increased or decreased according to the quantity received by the Defendant from Hyundai Asia). The horse diagnosis price of a large glish (=processing delivery price - purchase price of materials; hereinafter the same shall apply) and the large glish diagnosis price of the Defendant.

(2) On July 10, 2015, the Plaintiff and the Defendant concluded a basic contract with the content that the Plaintiff will supply the parts, goods, etc. required for the Defendant’s production to the Defendant (hereinafter “instant contract”) to the Plaintiff on July 10, 2015, where the contract period was two years, and the Defendant ordered the Plaintiff to supply them to the Defendant (hereinafter “instant contract”).

3) After the conclusion of the instant contract, the Plaintiff and the Defendant traded the processed supply of goods in full as seen above. Although the processed supply quantity was somewhat changed according to the ordered volume of the modern elderly, each of them was maintained as before, and from August 2015 to March 2016, the large amount (the amount obtained by subtracting the purchase price of goods from the processed supply price) that the Plaintiff received from the Defendant was KRW 20,000 to KRW 40,000 per month (the monthly amount of the above Plaintiff’s monthly amount).

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