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(영문) 울산지방법원 2018.06.07 2017가합21035
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant asserts to the effect that the Defendant’s claim for reduction of the subcontract price before August 28, 2012, the date of establishment of the Plaintiff, among the instant lawsuit claiming damages on the ground that the Defendant unfairly reduced the subcontract price against the Plaintiff from around December 2, 2010 to August 2014, constitutes a claim and obligation arising from a transaction between B and the Defendant, the representative director of the Plaintiff before the Plaintiff was established, and that this part of the Plaintiff’s claim constitutes unlawful since it constitutes a litigation trust, the main purpose of which is to enable B to conduct litigation.

However, in light of the content of the transaction with the Defendant before and after the establishment of the Plaintiff and the form of continued transaction relationship, etc., it is difficult to view this part of the Plaintiff’s claim to be based on the litigation trust with the main purpose of enabling the Plaintiff to conduct litigation only on the ground of the aforementioned reasons asserted by the Defendant.

Therefore, the defendant's main defense is without merit.

2. Judgment on the merits

A. Basic facts 1) The Plaintiff is a company established for the purpose of manufacturing motor vehicle parts, etc., and the Defendant is a company established for the purpose of manufacturing and selling motor vehicle parts. 2) The Plaintiff’s representative director B from around 2007 to around 2010 entered into a contract with the Defendant for the supply of motor vehicle parts with the Defendant, and then produced and supplied the Defendant with the erobbroer’s gas pipe (EGR Coke) which is an exhaust gas relar used for diesel engines.

The Defendant, as seen above, has manufactured a galker by using the parts provided as above, supplied them to the automobile manufacturing company, such as modern automobiles and the galker vehicles.

3) B established the Plaintiff on August 28, 2012. From that time, the Plaintiff and the Defendant continued the said goods supply transaction between the Plaintiff and the Defendant. 4) Meanwhile, the Plaintiff and the Defendant were the Plaintiff.

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