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(영문) 의정부지방법원 고양지원 2018.09.14 2017가합70833
가공납품대금 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) (1) The Plaintiff is a company located in the Madong-si in China, which is established on September 30, 2009, and carries out the manufacture, processing, etc. of electronic and electronic equipment and parts, and C (hereinafter collectively referred to as “C” before the mutual change on March 29, 2016) has made the Plaintiff a second-tier company via “E”, a company located in Hong Kong, a subsidiary.

(2) The Defendant is a company engaged in the business of manufacturing electrical and electronic parts, and has a “F Limited Corporation” (hereinafter “instant company”) that is located in the Chinese Madong-dong-si, which was established on May 15, 2015 as its subsidiary.

B. On June 26, 2012, the Defendant entered into a basic contract on manufacturing consignment with the Defendant to perform the manufacturing, processing, repair, etc. of the subject matter ordered by the EL electronic company (hereinafter “EL electronic”) on consignment. Around November 2015, the Defendant received orders for the delivery of mobile phone type case (hereinafter “instant product”).

C. From January 2016, the following process regarding the instant product was initiated from China to June 2016, and the instant product was manufactured in China. The Plaintiff performed the process of outflow, MD, D-Cut (i.e., “H,” a other Chinese company, while taking charge of H), and the Plaintiff took charge of the process (hereinafter “instant process”) from March 2016, and each other was carried out by other companies.

[Ground of recognition] Evidence Nos. 2, 47, Eul Nos. 5, 7, and 8, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion was that the Plaintiff concluded a supply contract with the Defendant for the instant product and completed the instant process. As such, the Defendant concluded a supply contract with the Plaintiff, the Defendant was 48,693,438 Chinese currency for the instant process that the Plaintiff performed from March 2016 to June 2016, and KRW 8,624,784,025.

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