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(영문) 서울고등법원 2018.07.19 2017나2074284
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff (formerly: C) is a company aimed at manufacturing, processing, etc. electronic equipment and electronic parts. The Plaintiff (formerly: hereinafter “E”) is a company with the aim of manufacturing, processing, etc. of electronic equipment and electronic parts, and is a sub-subsidiary company as a second-tier company via D Co., Ltd. (D Co., Ltd. and Lt.) located in China, a subsidiary company, as a second-tier company.

2) The Defendant is a company with the aim of manufacturing electrical and electronic parts, etc., and the F Limited Corporation (hereinafter “F”) is a subsidiary company located in China.

B. The Defendant and ELB Co., Ltd. (hereinafter “ELB”) are the Defendant and ELB Co., Ltd. (hereinafter “ELB”).

(2) On June 26, 2012, the Defendant entered into a basic contract for manufacturing consignment transaction with the content that the Defendant would perform the manufacturing, processing, repair, etc. of the subject matter ordered by ELE under the entrustment and deliver it to ELE. (2) On November 2015, the Defendant received orders for delivery of mobile phone name (G) case (hereinafter “instant product”).

C. The product of this case was manufactured by E, etc. from March 2016 to June 2016, in addition to temporary suspension of the production of the product of this case on or around April 2016.

With respect to the product of this case’s “gold shape”, “land shape”, and “development sampling” mean metal shape or mold used to make it into the same shape as the product of this case by inserting liquid materials made of high chain plastic materials using the diversity and liquidity of the material of this case, and the product of this case’s “subg” refers to “a assistive tool used to fix the knife by fixing parts to a certain place in the process of manufacturing the product of this case.” All of the equipment of this case is a production tool used as essential for the manufacturing process of the product of this case.

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