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(영문) 수원지방법원 2020.06.04 2018가단542812
물품대금
Text

1. The Defendant’s KRW 96,523,137 and KRW 92,122,978 among the Plaintiff’s KRW 6% per annum from July 1, 2018 to September 17, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company whose business purpose is synthetic resin manufacturing business, etc., and the Defendant is a company whose business purpose is plastic plastic products, synthetic resin, styrene manufacturing business, etc.

B. Around 2013, the Plaintiff supplied the Defendant with nuclear materials, PS106, etc. (hereinafter “instant goods”), and the Defendant agreed to pay the price for the instant goods to the Plaintiff on the date of receipt of the instant goods. In accordance with the agreement, the Plaintiff supplied the instant goods to the Defendant from November 19, 2013 to June 12, 2018.

C. The Defendant, as the main raw material of disposable products containers, such as the instant World Cup (scam) is GPS (Genrual Ptytye, pan-use polystye), etc. ( approximately 95%) and as a mixture of raw materials, such as nuclear materials supplied by the Plaintiff ( approximately 2-3%) and output raw materials from a multiscam (scam) after heating two times into a pressure-generating screen. The Defendant’s nuclear materials, etc. supplied by the Plaintiff to the Defendant are used to induce polyscene’s propagation.

From November 2013, the Defendant supplied the instant goods from the Plaintiff to the Plaintiff and produced raw materials for the manufacture of synthetic resin in the above manner, and supplied the stity pumps C and D Co., Ltd. (hereinafter “Co., Ltd.”) to the stity vessel manufacturing company.

On May 2018, the defendant asserted the defects of the goods of this case to the plaintiff, upon receipt of the notification that there was a hole for the finished products (containers) produced by C, etc. due to the original amount supplied by the defendant from the above C, etc., and the plaintiff returned some goods from the defendant on June 2018 and re-processed and supplied them again.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 14, Gap evidence No. 34-38, Eul evidence No. 3-1 through No. 9, and the purport of the whole pleadings.

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