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(영문) 대구지방법원 2020.11.26 2019가단130804
물품대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On April 7, 2017, the Plaintiff operating “C” as a manufacturer of automobile parts entered into a goods supply contract with the Defendant Company that manufactures and sells automobile parts (hereinafter “instant contract”).

B. In this case, the Plaintiff, as the representative director of the Defendant Company, entered into a contract with the same content as E engaged in the manufacture and sale of automobile parts with the trade name of “D,” and the Plaintiff supplied parts to F Co., Ltd. (hereinafter “F”) and G Co., Ltd., and the Defendant Co., Ltd. provided parts to be supplied to H Co., Ltd. and I (which are the J Co., Ltd. of Japan or its subsidiaries).

C. Around May 2019, the Plaintiff sent a letter to the Defendant that the Plaintiff cannot supply the automobile parts after May 30, 2019 on the grounds that incidental expenses are increased, business deterioration, compulsory execution due to debt, etc.

Following the acceptance by the Defendant Company, the instant contract was terminated as it is.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. At the time of the Plaintiff’s assertion, the Defendant Company agreed to bear all production costs of gold, paper, and machinery processing necessary for the production of parts, and thus, the Defendant Company is obligated to pay the Plaintiff the unpaid gold production costs stated in the Plaintiff’s claim.

3. The facts that the Defendant Company agreed to bear the penalty charges for the parts to be supplied to I by the Defendant Company are not in dispute between the parties.

However, in light of the following facts and circumstances revealed by adding up the purpose of the entire pleadings to each statement of evidence Nos. 3 through 17 (including paper numbers), the evidence submitted by the Plaintiff, as alleged by the Plaintiff, agreed that the Defendant Company will bear the whole amount of the penalty charges for the parts to be supplied to H, as alleged by the Plaintiff.

(1) No gold-related expenses shall be paid.

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