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(영문) 대구지방법원서부지원 2020.11.30 2019가단62229
유체동산인도
Text

The defendant's KRW 2,408,000 and its amount shall be 6% per annum from November 15, 2019 to November 30, 2020 to the plaintiff.

Reasons

Facts of recognition

The plaintiff is a company that aims at the manufacture, sale, etc. of various parts for motor vehicles and equipment and facilities, and the defendant is a company that aims at the manufacture, manufacturing, etc. of motor vehicle parts.

On or around April 2015, in order to produce parts to be supplied to Japan Company C (hereinafter “C”) (hereinafter “C”), the Plaintiff entered into a contract for the manufacture of parts (hereinafter “C parts contract”) including the following contents, which would develop and manufacture gold paper for the manufacture of parts and supply them to the Plaintiff upon the request of the Defendant. The Defendant around that time entered into a contract for the manufacture of parts (hereinafter “C gold paper”). The Defendant is a gold paper set forth in paragraphs 6 through 8 (hereinafter “C gold paper”).

B manufactured and supplied parts produced in the above gold-type to the Plaintiff from December 7, 2015 to January 2018, and the Plaintiff supplied parts supplied by the Defendant to C.

Article 6 Price and Payment Terms and Conditions of the Contract for Manufacture and Supply of Parts

3. The development gold and the development district investment cost shall be paid in 30% of the amount agreed upon, 40% of the amount paid in advance, 30% of the amount received in sample of part payments, and 30% of the amount collected in cash at the time of approval of the remainder sampling.

4.All kinds of gold and ingots used in the production process of goods paid for investment in the development of goods shall be the Plaintiff’s ownership.

Provided, That where the cumulative production quantity does not exceed 30,000 feet when the plaintiff requests the return of gold and sprinks, the plaintiff may refuse the request for return.

On the other hand, around May 2016, the Plaintiff entered into a contract with the Defendant for the manufacture and supply of parts (hereinafter “domestic parts contract”) with the same content as C in order to produce parts to be sold in Korea (hereinafter “instant parts contract”).

around that time, the Defendant produced each gold model listed in paragraphs (1) through (5) of the above contract (hereinafter “gold model”) together with C.

C The C shall be from January 2018 to February 201.

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