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(영문) 수원지방법원 2018.06.27 2016가단555937
물품대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a “D” that manufactures the semiconductors and automobile metal type, and the Defendants jointly operate the “E” that manufactures the electric wires.

B. On January 12, 2015, the Plaintiff entered into a contract with the Defendants to produce and deliver at KRW 47,000,000 gold-type 20 for the creation of an electric distribution line (hereinafter “instant gold-type”) (hereinafter “instant contract”).

C. The Plaintiff produced 20 gold-type 20 gold-types according to the instant contract, and supplied them to the Defendants. The Defendants from February 17, 2015 to February 17, 2015

6. By the end of 29.20, 47,000 won was paid to the Plaintiff.

On the other hand, the Plaintiff additionally produced the gold punishment of 30s and 40s (hereinafter “additional gold punishment”) and supplied it to the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 4 (including various numbers for each type of evidence), the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion Defendants are jointly and severally liable to pay to the Plaintiff KRW 26,00,000 for additional gold-type production cost ( KRW 13,000,000 for each size) and KRW 32,531,00 for gold-type parts and repair cost of KRW 58,531,00,000, excluding KRW 32,831,000 for those already paid, and damages for delay thereof.

B. 1) The so-called production supply contract under which one of the parties agrees to supply goods made by using his/her own materials in accordance with the other party’s order and the other party agrees to pay the price for the production. Since the nature of the contract is of the nature of the transaction and the nature of the transaction and the nature of the transaction, the applicable law also has the characteristics of the transaction and the transaction. Thus, if the goods to be manufactured and supplied under the contract are substituted by the goods to be manufactured and supplied under the contract, the transaction provisions are applicable.

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