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(영문) 수원지방법원 여주지원 2018.10.23 2018가단2457
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 69,297,035 and the interest rate of KRW 15% per annum from March 27, 2018 to the day of complete payment.

Reasons

Facts of recognition

The plaintiff is a food manufacturing and processing enterprise, and the defendant is engaged in the food manufacturing and processing business in the trade name of "C".

The Plaintiff entered into a consignment production contract with D (hereinafter “D”) and produced and supplied “E” products to D, and again entrusted the production of part of the products to the Defendant.

While the Defendant produced and supplied the above products to the Plaintiff, the Defendant entered into a direct consignment contract with D, the original ordering person, and the Plaintiff suspended the consignment production of the above products.

On September 7, 2017, the Defendant agreed from the Plaintiff to take over raw materials, mixed raw materials, subsidiary materials and half-finished goods held by the Plaintiff for the production of the said product.

(B) At the time, the Defendant paid to the Plaintiff KRW 13,418,737 and the acquisition price for mixed raw materials by September 20, 2017, and KRW 1,659,681 as the acquisition price for non-materials and semi-finished goods until September 20, 2017, and paid KRW 38,218,617 in installments as of September 30, 2017 and October 20, 2017.

In addition, 16,00,000 won for compensating for losses caused by the discontinuance of the Plaintiff’s production was completed by the Defendant’s production of products with raw materials acquired from the Plaintiff, supplied them to D, and then the Plaintiff directly received from D.

(Reasons for recognition) Facts without dispute, entries in Gap evidence 1 through 3, the purport of the whole pleadings.

In accordance with the instant agreement, the Defendant’s assertion that the Plaintiff is entitled to pay KRW 53,297,035 to the Plaintiff the acquisition price of raw materials, supplementary materials, and semi-finished goods. The Defendant produced and supplied to D products with raw materials taken over from the Plaintiff, and received the price. Accordingly, the Plaintiff shall also pay KRW 16,00,000 for compensating the Plaintiff for losses.

The obligation to pay raw materials and mixtures received from the Defendant is recognized.

However, since non-finished materials and semi-finished products taken over by the plaintiff are all inferior products, they are manufactured and supplied to D.

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