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(영문) 인천지방법원 2017.12.20 2017가단202332
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 92,931,300 and the interest rate of KRW 15% per annum from February 1, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff as a party is a person engaged in the manufacturing and mixing processing business of semiconductor-related parts with the trade name of “C”, and the Defendant is a stock company engaged in the manufacturing and selling of automation equipment.

B. The instant goods supply contract and the process of proceeding [the daily FA of the Company (hereinafter referred to as the “FA”)] are limited to the instant goods supply contract.

(1) On October 2016, the Plaintiff received a request from the head of the Defendant’s headquarters to process the instant goods related to the automation equipment, and subsequently carried out detailed checks and goods processing work in line with E, F, and G. 2) The Plaintiff carried out the Plaintiff’s duties through the Defendant’s e-mail. E, F, and G carried out the Plaintiff’s duties, and E was the name of the deputy head of the Defendant’s semiconductor business division, and F, the name of the head of the Defendant’s semiconductor business team.

3) The Plaintiff, at the Defendant’s request, processed and delivered to Ilsung Fa goods related to semiconductors worth KRW 88,660,000, and issued a tax invoice for the above amount on December 25, 2016. [H-related] (H-related] 1) From October 30, 2016 to November 4, 2016, the Plaintiff requested the Plaintiff to produce additional processing of goods by sending several e-mail to the Plaintiff from October 30, 2016 to November 3, 2016.

2) On November 9, 2016, the Plaintiff supplied goods equivalent to KRW 4,271,300 to H at the Defendant’s request, and issued a tax invoice for the above amount on December 25, 2016. [Grounds for recognition] The Plaintiff did not dispute, and the purport of Gap’s evidence 1 through 15 (each entry, including a serial number, and the purport of the entire pleadings).

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Plaintiff recognized and traded the parties to the instant contract for the supply of goods as the Defendant, and even if the parties to the said contract are not the Defendant, the Defendant is liable to pay the price for the goods to the Plaintiff.

B. The gist of the Defendant’s assertion 1) The conclusion of the instant goods supply contract with the Plaintiff relating to the Ilsung is not the Defendant but the Defendant but the Defendant I (hereinafter “I”).

The defendant is the defendant.

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