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(영문) 대전지방법원 2019.01.17 2017나106921
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The relationship between the parties 1) The Plaintiff (hereinafter “Plaintiff Company”) also refers to the Plaintiff

2) The Defendant (hereinafter referred to as the “Defendant Company”) also sells double-face tapes for the protection of cell phones values to the company mainly engaged in the manufacture of synthetic resin and other plastic materials, the distribution of plastic bags, and the manufacture of other surface-processed products. The Defendant Company (hereinafter referred to as the “Defendant Company”) sells double-face tapes for the protection of cell phones values to the company mainly engaged in the manufacture, sale, etc. of crating paints, protection films.

B. The structure of the “net tape” in which the Defendant Company sells the product through the supply of raw materials by the Defendant Company and the processing of the Plaintiff Company’s company’s products constitutes the five-story structure as follows (see, e.g., preparatory document No. 2 of November 22, 2017). In view of the production process of the above double-face tape, the Defendant Company produced the three-story unit tape at the bottom where the “actual mixed film” (referring to one with the function of easy to stuff at the time of using the product as a kind of film used for the protection of the product), using the “PS film” in the “PS film” among the double-face material. The Defendant Company supplies the Plaintiff Company with a 3-story unit tape at the bottom where the “actual mixed tape” (referring to one with the function of easy stuff at the time of using the product as a kind of film used for the protection of the product), and the Plaintiff Company delivers it again to the Defendant Company by providing the two-story unit with the “ASP cry crying system” structure.

C. After the completion of the Plaintiff Company’s processing, the Plaintiff Company entered into an agreement with the Defendant Company that the Plaintiff Company would pay for the pre-processing cost of KRW 1,600 through KRW 1,633.79 (excluding value-added tax) per meter for the pre-processing tape supplied by the Plaintiff Company. 2) On August 31, 2015, the Plaintiff Company entered into a pre-processing agreement with the Defendant Company to pay for the pre-processing cost of KRW 1,63.79 per meter for each of the pre-processing work 6,618m and KRW 1,600 per meter for each of the pre-processing work provided by the Defendant Company. 20,498m for each of the pre-processing work that the Plaintiff Company would be paid to the Defendant Company.

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