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(영문) 창원지방법원 2014.08.21 2013가합6117
매매대금
Text

1. The Defendant’s KRW 171,408,220 for the Plaintiff and KRW 6% per annum from August 12, 2011 to August 21, 2014.

Reasons

1. Basic facts

A. The Plaintiff, a company engaged in the business of manufacturing electronic parts, etc., entered into a contract with the Defendant, which is a company engaged in the business of manufacturing, selling, etc. electric motors, power generators, and electrical converters, and re-subcontracted the manufacture of parts awarded by the Defendant to the re-detailed company, a company engaged in the business of processing presses, etc. (hereinafter “re-detailed”) and then re-processed the parts supplied from the precision and supplied them to the Defendant.

The Defendant lent gold-type (hereinafter “instant gold-type”) to the Plaintiff for the production of panty COVVs (FN) as parts of the mother, and the Plaintiff has lent the gold-type (hereinafter “instant gold-type”) to the Plaintiff re-detailed, and the Plaintiff has produced the said parts using the re-detailed.

B. On March 23, 2011, for the reason of the improvement of the business structure, the re-check attempted to supply the mother parts and subsequently suspend subsequent transactions, and then deliver the intent to the Defendant via the Plaintiff. However, the transaction continued by the end of July 2011 on the condition that the unit price for the supply would be calculated by 50% by agreement with the original Defendant, which concerns the quality of production, on the condition that the unit price for the supply would be calculated by 50%. The transaction was suspended as of July 201.

C. From July 26, 2011 to August 8, 2011, the Plaintiff delivered all finished goods and half-finished goods to the Defendant, and the part of the raw materials was delivered to A, a customer of the Defendant, on two occasions on July 15, 201, and August 11, 201, respectively, to B, a customer of the Defendant, respectively.

(The parts delivered to the Defendant are referred to as the “instant parts,” and the goods delivered to A and B are referred to as the “raw materials of this case,” and the combined parts are referred to as the “instant parts, etc.”).

The Defendant used parts equivalent to KRW 171,408,220 among the parts delivered as above.

E. The Defendant lent the Plaintiff to the Plaintiff to lend the Plaintiff to the Plaintiff again.

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