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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. Facts of recognition;
A. The plaintiff is engaged in the automobile trial-related parts manufacturing business with the trade name of "C", and the defendant is engaged in gold-related parts manufacturing business with the trade name of "D."
B. Hyundai Motor Co., Ltd. entered into the manufacture and supply contract with Lee Won-Tex Co., Ltd., the primary partner company, in order to procure parts necessary for the set set up in 15 passenger buses. Under the above contract, Lee Won-Tex Co., Ltd. again entered into a contract for the manufacture and supply of gold and parts for the set-type and parts to be manufactured under the above contract with the Plaintiff, the second partner company, as the second partner company.
C. On March 5, 2013, the Plaintiff ordered the production of 11 gold sheets as listed below, among those to be supplied to the Defendant, this paper ordered the Defendant to submit a written estimate with the estimated amount of KRW 222,200,000 to the Plaintiff.
The Plaintiff paid KRW 111,100,000 to the Defendant from April 29, 2013 to December 20, 2013.
(hereinafter referred to as the “instant contract”). No name 1 K92010-51501x 2 K92010-51505 X 3 K 92010-505x GUD 92010-51523x GUD 4 K 92010-16101 X 36101-3610101x 510101x SPT 4 9201-36101x-509-8/6109-29/700 of H/L 9629-105/6109-39/709/700 of 96/920, 9205-16/610-39/709/700 of the name name No. 92010-160/3610 of the Plaintiff’s 92010-5/616-16/7/7.
D. On August 25, 2014, the Plaintiff filed a lawsuit with the Daegu District Court claiming the return of the gold production price paid against the Defendant, claiming the cancellation of the instant contract, and the Defendant filed a counterclaim against the Plaintiff seeking the payment of the remainder of the gold production price.
The Daegu District Court dismissed the plaintiff's main claim and rendered a judgment citing the defendant's counterclaim.
Daegu District Court on May 15, 2015