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(영문) 창원지방법원마산지원 2019.06.12 2018가합101178
구상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Plaintiff

A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a corporation for the purpose of producing parts, etc. of electronic equipment; Plaintiff B was the representative director of the Plaintiff Co., Ltd.; and Defendant is a corporation for the purpose of manufacturing and selling electronic machinery and appliances.

The Plaintiff Company supplied parts of electronic equipment to the Defendant from around 2001, and around 2008, supplied parts produced using gold-types owned by the Defendant.

Plaintiff

around September 2008, the company has been conducting negotiations with the defendant on financial assistance and quantity guarantee.

In the early October of the same year, the defendant notified the plaintiff company of the termination of the contract for supply of parts on the ground of the non-performance of the plaintiff company's obligation.

The defendant tried to take out the gold bullion owned by the defendant immediately after the notice of termination as above. However, in the process, there was a mashion, such as the removal of the employees of the plaintiff company.

Therefore, on October 9, 2008, the defendant carried out the gold punishment through consultation with the plaintiff B, who was the representative director.

Since then, on October 22, 2008, D and B’s Dong-in, the management department of the Plaintiff Company, entered into a written agreement (No. 1; hereinafter “instant agreement”) with the Defendant as follows. The said written agreement has the seal impression of the Plaintiff Company, and the name of F and G, which were the Defendant’s employees, affixed their seals on the name and side of the name as the Defendant’s agent.

Gohap, the Plaintiff Company and the Plaintiff B (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B”) agree with the Plaintiff Company as follows with respect to all disputes arising in the transactional relationship between the Plaintiff Company and B:

1. 1) A’s confirmation of delivery of goods is confirmed to have been delivered to B with the consent of Party A for the following goods possessed by Party A: (a) A’s gold-type B.

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