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(영문) 수원지방법원안산지원 2017.12.07 2016가합8142
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are corporations whose purpose is to manufacture and sell automobile parts.

B. On 2011, the Plaintiff and the Defendant concluded an agreement with the following content (hereinafter “instant agreement”).

(1) The Plaintiff and the Defendant denied the formation of the agreement, but there was an agreement between the Plaintiff and the Defendant on the supply of automobile parts, and accordingly, it is apparent that the actual provision of automobile parts has been made. Accordingly, the Defendant’s above assertion is rejected. However, the meaning of “6.5%” is in dispute, and it is judged separately because it falls under the core point of the instant case). (1) The Plaintiff produces the stringer pipe (No. 25457-22000) and the Kapater pipe (No. 25450-00) and supplies it to the Defendant (hereinafter the above hring pipe is referred to as “instant parts”).

(2) The Defendant’s instant parts supplied by the Plaintiff are Hyundai Amateur Automobile Co., Ltd. (hereinafter referred to as “Mona Air”)

(C) The Plaintiff supplied the instant parts to the Defendant in accordance with the instant agreement between February 2, 2012 and July 2017, and the Defendant supplied the instant parts to the Hyundai Motor. [Grounds for Recognition] without dispute, the Defendant acquired 6.5% of the price of the instant parts as management expenses, and paid the Plaintiff an amount equivalent to the remaining 93.5% (i.e., 10% - 6.5%). The Plaintiff supplied the instant parts to the Defendant in accordance with the instant agreement, and supplied the instant parts supplied by the Plaintiff to the Hyundai Motor. The Defendant supplied the instant parts to the Hyundai Motor. [Grounds for Recognition] Facts that there is no dispute, evidence Nos. 1 through 4, and evidence Nos. 1 and 5 (including each number, and the purport of the entire pleadings).

2. The parties' assertion

A. The content of the instant arrangement was that “the Defendant shall pay 93.5% remaining 93.5%, excluding 6.5% of the management expenses, to the Plaintiff, out of the altered unit price (hereinafter “the altered unit price”) that the Defendant actually received as the price for the instant parts from Hyundai Abandoned Motor.”

The defendant.

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