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(영문) 서울중앙지방법원 2020.08.14 2019가합541389
기타(금전)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 259,149,99,97 and its amount from February 16, 2019 to June 28, 2019.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is a company that manufactures carpropy search and other chemical products, which are the raw materials of Naylon, and the Defendant is a company that engages in recycling, selling, and exporting metal extracted from Naylons.

B. In around 2005, the Plaintiff and the Defendant entered into a first contract for the collection of precious metals and extended the contract every year from that time to December 31, 2018, and made a transaction of collection and refining (hereinafter “instant transaction”) by December 31, 2018.

The final contract document prepared for the instant transaction is a contract for recovery and restraint (No. 2, hereinafter “instant contract”) dated April 19, 2018.

C. According to the contract of this case, the defendant supplied Kuumumumumumum which was requested by the plaintiff to the plaintiff's foreign customer, and collected waste promotions generated in the process of manufacturing the plaintiff's chemical products from the plaintiff and supplied it to the plaintiff as Maumumumumum which was regularly extracted from the plaintiff, set off in kind the above Maumumumum which was purchased and supplied to the plaintiff. The defendant decided to settle Maumumumumumum which the defendant supplied to the plaintiff and Maumumumumum which

In addition, in the instant contract, the Plaintiff paid the Defendant a collection system fee.

In addition, the Plaintiff agreed to pay the value-added tax generated from the supply of arms and radiumumum as collected by the Defendant first in advance at the time of issuing a tax invoice, and to be settled by the Defendant on a quarterly basis, and the date of redemption of value-added tax for the last quarter is February 15, 2019.

The relevant part of the instant contract is as follows.

The term “A” shall deliver to “B” (Defendant) the promotional note used in the production process of petroleum chemical products, “B” shall extract from “Palladiun,” which is to be a refined thing contained in “B”, and shall return “B” the armsumumumum which is prescribed to “B”.

(main sentence of the contract, see Article 1).

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