(영문) 수원지방법원안양지원 2015.01.15 2014가합2551

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(영문) 수원지방법원안양지원 2015.01.15 2014가합2551

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The party status (B transfer) C is a person who has been engaged in the automobile parts manufacturing business under the trade name “B” in Daegu-gu Office D, etc., and the gold type as indicated in the separate sheet from January 2001 to September 2005 (hereinafter “the gold type” and “the gold type”).

(2) On September 8, 2005, 2005, when C was engaged in a transaction with the Defendant, E, the wife of C, in brain color, sold B on behalf of C, on the last day of September, 2005, on behalf of C, and the Plaintiff manufactured the automobile parts using the gold type of this case and supplied them to the Defendant.

3) On May 2007, the Plaintiff sold B to F around the end of 2007. From the end of F to the end of F, the Plaintiff produced the automobile parts by using the gold type in this case and supplied them to the Defendant. 4) Meanwhile, the Defendant is a company that manufactures the automobile parts of the upper-tier assembly unit by receiving the automobile parts from C, etc. and supplies them to Hyundai Motor Co., Ltd. (hereinafter “former Car”) or Hyundai Embs Co., Ltd. (hereinafter “Mobs”).

B. As to the gold-type production cost of the instant gold-type C and the Defendant, with respect to the gold-type production cost necessary for the manufacture of automobile parts, the Defendant would make up for the gold-type production cost in the last place, but if the number of products expected to be produced in the relevant gold-type is less than 50,000, then the Defendant would make up for the gold-type production cost. If the number of products expected to be produced in the relevant gold-type is less than 50,000, then the depreciation cost calculated by dividing it by the number of products scheduled to be manufactured (hereinafter “gold-type depreciation cost”).

(2) C made the instant gold model with a total of KRW 406,758,410, and produced and supplied the automobile parts to the Defendant by using it. The Defendant from January 1, 2001 through September 30, 2005 to September 30, 2005.

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