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(영문) 수원지방법원 2020.08.13 2019나89425
물품대금
Text

The Defendant-Counterclaim Plaintiff’s appeal is dismissed. A.

upon a counterclaim filed by this Court.

Reasons

1. Basic facts

A. The Plaintiff is a Chinese company that produces and exports medical plastic bags, and the Defendant is a domestic company that aims at retailing medical supplies.

B. On May 1, 2016, the Plaintiff and the Defendant received orders from the Defendant for medical vinyl (hereinafter “instant vinyl”) and entered into a contract with the Defendant to supply the Defendant with the trademark designated by the Defendant (hereinafter “instant contract”). Accordingly, the Plaintiff supplied the instant vinyl to the Defendant from June 2017 to April 2018. Among them, the details of transactions for which the Defendant did not pay for the goods are indicated in the following table:

(E) When each contract is individually referred to below, "the instant tea contract" with the following table 20 : (The unit of sale: US$ 2; hereinafter the same shall apply) No. 34,179.0 C, E, D 26. 15, 508.74, 508.74 D, G, H, H, I 3. 18. 18, 107. 6. 18, 104. 18, 104. 16, 104.0 E, 16. 7. 16, 107. 8, 207. 16. 7. 4, 207. 16. 7. 16, 207, G 16. 4, 207. 16. 7. 16, 2018

C. On the other hand, upon the Defendant’s request, the Plaintiff was established to convert the instant vinyl to J (O, a corporation, on March 17, 2018; hereinafter the same does not distinction between J and O, and hereinafter the “J”) which is the customer of the Defendant, via Busan Port, and the Plaintiff immediately supplied the instant vinyl to the Defendant. The details of the instant vinyl are as listed below.

With regard to the instant 6 and 7 contracts, the Defendant notifies J’s actual operator N that the instant vinyl is defective (not having a hole in the tear, foundation defect, strawing powder, and fingers).

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