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(영문) 의정부지방법원고양지원 2020.08.26 2019가단95433
가공납품대금 등
Text

1. The plaintiff (consolidated defendant)'s claim against the defendant (consolidated plaintiff) is dismissed.

2. The plaintiff (consolidated defendant) is a consolidated defendant.

Reasons

The combined lawsuits with the principal lawsuit shall be considered together.

1. Basic facts

A. The Plaintiff is a company that engages in plastic plastic, food packaging container manufacturing business, etc. with the trade name of “C” and the Defendant is a company that engages in plastic raw materials, film manufacturing business, wholesale and retail business, etc.

B. 1) The Defendant, as an affiliate of D Group around May 21, 2019, is a company E (hereinafter “E”) that engages in the purchase of materials, maintenance of facilities, repair services, etc. of conglomerates, as an affiliate of D Group E companies (hereinafter “E”).

A) A good supply contract was concluded with E and around that time, E began to receive an order from E for the supply of plastic goods for futures set. (2) The Defendant requested the supply of plastic goods, which entered into the set for daily futures for manufacturing F Co., Ltd. ordered by E, to G, which is an existing customer.

However, G supplied 65,00 of the ordered volume by the Defendant around May 2019, and notified the Defendant that it is difficult for the Defendant to implement the contract any longer due to the company circumstances. Accordingly, the Defendant requested the Plaintiff, who became aware of by H, to supply plastic products (tray) and entered into a processing delivery contract (hereinafter “the instant processing delivery contract”) with the following content:

The supply unit price shall be 0.6T (referring to the thickness of plastic plates, which are the weak ofthic business, 43 won per piece, 0.7T, and 0.8T, 57 won per piece, and plastic raw materials, the original unit price of which is 0.8T, are supplied by the Defendant, while the Plaintiff, pursuant to the instant processing supply contract, 3) the Plaintiff, pursuant to the instant processing supply contract, supplied the radar to the Cheongju factory, etc. of F by using the equipment and the original unit supplied by the Defendant at the Plaintiff’s workplace, using the equipment and the parts provided by the Defendant. The Plaintiff, pursuant to the instant processing supply contract, supplied plastic goods (hereinafter “instant goods”).

B and supplied FCheongju Factory, etc. designated by the Defendant.

No. 5.

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