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(영문) 인천지방법원부천지원 2020.06.25 2019가단28265
물품대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On August 30, 2017, the gist of the Plaintiff’s claim entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the supply of KRW 10,000,000 for export to the business entity that supplies export goods with the trade name “E” and fulfilled its duty to supply goods accordingly.

On January 4, 2019, Defendant B transferred the above export goods to Defendant C Co., Ltd. (hereinafter “Defendant C”), and Defendant D, the representative of Defendant C, was responsible for the pertinent goods supply contract.

However, the price under the above goods supply contract is 12.8 million won and the remaining 117.2 million won (=220 million won-12.8 million won) has not been paid. The defendants are jointly liable to pay the remainder of the goods and damages for delay to the plaintiff.

2. In full view of the purport of the entire pleadings, the following facts can be acknowledged as follows: Gap evidence 2, Eul evidence 1, Eul evidence 1, 3, and 4 (including each serial number).

On August 30, 2017, the Plaintiff entered into a contract for the supply of goods (hereinafter “instant supply contract”) with Defendant B, with the content that: (a) the delivery date from October 10, 2017 to October 15, 2017, to supply KRW 220 million in total (22,000,000 per opening).

B. The Plaintiff supplied 10,00 won to the Defendant under the instant supply contract. The Defendant paid 220,000 million won to the Defendant, but the company in the middle and middle Korea (“G”) discontinued its business and did not actually sell the goods.

C. The Plaintiff proposed to sell 10,00 additional products through another selling company’s “H”, but Defendant B rejected it for financial reasons.

Since then, the plaintiff's remaining 50% of the manufacturing cost is out of the sales fund after the manufacturing cost is paid.

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