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(영문) 수원지방법원성남지원 2015.12.18 2015가단203676
물품대금
Text

1. The Defendant’s KRW 87,349,460 for the Plaintiff and KRW 20% per annum from March 6, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff traded with the Defendant from around 2012, which was a personal entrepreneur who manufactures and supplies the parts of the black boxes with the trade name of “B,” and whose main business is the development and production of the black boxes for vehicles.

On March 19, 2013, the defendant entered into a contract with the non-party 1 corporation (hereinafter referred to as the "new electronic") to produce and deliver a black box for the vehicle to the defendant.

B. Since then, the employee of the Defendant ordered parts, etc. necessary for the production of black boxes to deliver them to the Plaintiff at his domicile and to issue the tax invoice to the new buyer. Accordingly, the Plaintiff entered the parts, etc. ordered by the Defendant into the domicile of the new electronic and received the payment from the new electronic.

C. On October 2013, the Defendant agreed to settle the above contract and conclude the contract. According to the above contract and the above agreement, the Defendant decided to take over the remaining parts, semi-finished goods, etc. after ordering a new person to a new buyer, and the Defendant’s new supplier, as a new supplier, agreed to produce and supply a new electronic and then to deliver it to the Sung Jin Shosch Rexroth Co., Ltd. (hereinafter “sexualjin”).

In this regard, New EM filed a lawsuit against the defendant and the observer-Tex seeking payment of the cost of the parts, etc. taken over against the defendant and the company, and the judgment of winning the whole of the new EM was rendered in the Sungwon District Court's Sungnam branch (2014Gahap1870), and the above judgment was finalized on November 22, 2014.

From October 2013, the Defendant demanded from around October 2013 to put the parts ordered to the Plaintiff into the place of sexual dust, and according to the Defendant’s order, the Plaintiff made parts (PL80, PL-100, PRO-35T, etc.; hereinafter “instant parts”).

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