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(영문) 창원지방법원 마산지원 2018.01.10 2017가합100543
청구이의
Text

1. The Defendant’s claim for the purchase price against the Plaintiff is made by the Changwon District Court of the Republic of Korea, 2016 tea 613.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of the bicycle manufacturing business, etc., and the Defendant is a company established for the purpose of the manufacturing and assembling of Aluminium joints, and bicycle production and assembly.

B. On October 30, 2015, the Plaintiff entered into a general contract with the Defendant on the production, procurement, and bicycle assembly and sale of bicycle parts, and the details thereof are as follows.

The plaintiff shall prepare and provide the following production drawings to the defendant, and the defendant shall invest funds in gold and assembly, and the plaintiff shall sell the produced bicycle.

1. Prypt and left-hand and left-hand water presses;

2. The amount of balance and the amount of balance press;

3. In order to produce parts, the Defendant shall invest 100% of the small-sized 5 mass metal powder-type in the small-sized 5 mass metal-type metal-type, conduct assembly with no quality defects for the completed parts after processing the parts, and deliver only those bicycles with no quality defects to the Plaintiff.

The penalty cost required for the production of each of the above penalties shall be borne by the defendant, and the part necessary for the assembly and production of bicycles shall also be invested by the defendant.

The plaintiff shall include the principal and interest of the investment in the parts and assembly expenses, respectively, with respect to the gold and assembly expenses invested by the defendant.

The plaintiff shall approve the delivery amount as of the 30th day of the following month by summing up the delivery amount with respect to the parts supplied by the defendant as of the 30th day of each month.

C. On January 22, 2016, the Plaintiff placed an order to China for parts of bicycle 2,000 feet, such as an increased speed cat, increased speed cat, and stand cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat-cat

On the other hand, as a result of the correction and supplementation of defects such as the crank part, with respect to bicycles that come out between the plaintiff and the defendant, the test product was created, and D, a working person of the plaintiff, visited the factory of the defendant's flag on April 7, 2016 and returned to the above bicycle product.

E. The Defendant around April 8, 2016.

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