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1. The judgment of the first instance court, including the selective claims added at the trial, shall be modified as follows:
The defendant.
Reasons
1. Basic facts
A. On April 1, 201, the Plaintiff (mutually: C) engaged in the business of processing electronic parts, entered into a contract with the Defendant for processing (hereinafter “instant contract”) with the content that: (a) the Defendant would provide the Plaintiff with materials and components necessary for production; and (b) the Plaintiff would supply the materials and components to the Defendant, with the content that the Defendant would deliver them to the Defendant by processing the materials paid (hereinafter “instant contract”).
The main contents of the instant contract are as follows.
Article 2. Voluntary processing means that the Defendant pays without compensation materials and parts necessary for production to the Plaintiff, and the Plaintiff faithfully processes them as defective products as ordered by the Defendant and supplies the entire quantity of production at the time and place designated by the Defendant as required by the Defendant.
- Article 3 (Contents 3) The raw and secondary materials and components necessary for the Plaintiff to produce the Defendant’s goods, based on the Defendant’s specifications, shall be supplied to the Plaintiff, and the Plaintiff shall be supplied to the Defendant by processing the supplied materials. B. The Plaintiff purchased the raw and secondary materials and components necessary to implement the instant contract from April 6, 2011 to April 13, 2017, and used them for the instant processing work, and supplied the semi-finished products that the Plaintiff completed the processing work as above. The Plaintiff purchased and used the raw materials and components necessary for the processing work from April 6, 201 to April 13, 2017. Meanwhile, the purchase price was KRW 84,364,00,000 for the raw and secondary materials and components supplied to the Plaintiff. Meanwhile, the Plaintiff rejected the Plaintiff’s claim for the purchase of the raw materials and the Defendant to the Defendant for the completion of the instant contract from April 25, 2017 to April 25, 2017.