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1. Defendant B Co., Ltd. shall pay 70 million won to the Plaintiff and 12% per annum from December 17, 2019 to the date of complete payment.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is a corporation established for the purpose of maintaining, manufacturing, processing and selling, ice manufacturing and selling, etc., and Defendant B (hereinafter “Defendant B”).
(2) In case where the Minister of the National Court Administration makes a public announcement in the Official Gazette that a company for which five years have passed after the last registration of its head office was made to the court having jurisdiction over the location of its head office, and in case where the company fails to make a report as prescribed by Presidential Decree within two months after the last registration was made public notice within five years after the last registration of its head office, the company shall be deemed to be dissolved at the time of the expiration of the reporting period, if it fails to report as prescribed by Presidential Decree, within two months after the last registration was made public notice as a company for which five years have passed after the last registration was made.
was dissolved by the court.
B. Defendant B, at the time of the Plaintiff’s occurrence of ice delivery and dispute, had the Plaintiff’s trade name “D” but changed to its trade name on April 1, 2013. On April 1, 2004, Defendant B, who produced ice and part of ice in the form of an OEM and intended to supply them to the Plaintiff (hereinafter “instant contract”).
A) From that time, the Plaintiff entered into the instant contract, and supplied ices to the Plaintiff. The instant contract was renewed on a yearly basis, and the date of the conclusion of the last contract is April 1, 2010. (2) Defendant B demanded the Plaintiff to increase the unit price for the production of ices in the Republic of Korea on June 7, 2010, but notified the Plaintiff on September 25, 2010 that the Plaintiff would suspend the transactional relationship with the Plaintiff. From that time, the Plaintiff suspended the supply of ices and the supply of ices to the Plaintiff.
3. On October 8, 2010, the Plaintiff proposed to Defendant B to raise part of the unit price for processing costs of icedy water. However, Defendant B demanded to purchase the machinery equipment owned by Defendant B for KRW 1 billion. The Plaintiff is subject to the adjustment of processing costs on January 4, 201.