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(영문) 서울중앙지방법원 2014.11.27 2013가합12780
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 1, 2013, the Defendant and A entered into a goods supply contract with the Defendant Company A (hereinafter “A”) on June 1, 2012, where the instant lawsuit is pending, by absorbing the Defendant Seoul Urban Industry Co., Ltd. prior to the lawsuit of this case and taking over the instant lawsuit. The following: (a) both the Defendant and the Defendant before the lawsuit is pending; (b) entered into a goods supply contract with the Defendant Company A (hereinafter “A”) on June 1, 2012.

(6) The Defendant and A agreed to issue a certificate of acceptance when there is no error after confirming the quantity of the goods and the grounds for disqualification, and pay the price of the goods on the 25th of the following month following the delivery date of the goods, if the Defendant supplies the goods ordered by A to a designated place in the goods supply contract.

On June 13, 2012, the Defendant entered into a contract for goods supply with Posco Co., Ltd. (hereinafter “Posco”) to purchase steel products of KRW 2 billion per year in order to supply goods to A.

(A) After that, from July 6, 2012 to October 9, 2012, the Defendant received orders for steel products of KRW 2,012,960,984 from A three times from around July 6, 2012 and supplied them to A.

B. The Plaintiff’s involvement in multilateral trading 1) and B (B) are the Plaintiff and B (hereinafter “B”)

On July 4, 2012, the Defendant and A entered into a contract for supply of goods with the following contents to participate in steel product transactions: (a) the Plaintiff supplied the Plaintiff’s ordered goods to a designated place; (b) the Plaintiff issued a certificate of acceptance without any error after confirming the Plaintiff’s quantity of goods and grounds for disqualification; and (c) the goods supply contract was entered into between the 6th day of the month to the 20th day of the month from the 15th day of the month from the 16th day of the delivery date to the 10th day of the month from the 16th day of the month from the 15th day of the month to the 10th day of the month (A.7th day).

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