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(영문) 수원지방법원평택지원 2020.09.18 2019가단4309
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.

Reasons

1. According to the business partnership agreement on November 16, 201 between the counterclaim Plaintiff and the counterclaim Defendant (hereinafter “instant business partnership agreement”), including the agreement on the supply of raw materials on July 10, 2017 and the agreement on the supply of raw materials around October 2017, the counterclaim Defendant is entitled to receive 400 won per 1kg of raw materials from the counterclaim Plaintiff as the proceeds from supply of raw materials, and the contract on the supply of raw materials, etc. on or around October 2017. As such, the counterclaim Defendant is obligated to pay 56,389,210 won in total to the counterclaim, even though it is unable to receive the brokerage commission without any title.

2. In light of all of the evidence presented by the Counterclaim Plaintiff, it is insufficient to acknowledge the fact that the Counterclaim Defendant supplied raw materials to the Counterclaim Plaintiff, and there is no other evidence to acknowledge it. Thus, the Counterclaim Plaintiff’s assertion is without merit.

3. Conclusion

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