logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2013.09.13 2012가합6560
물품대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 176,090,877 against the Defendant (Counterclaim Plaintiff) and its related amount from March 22, 2013 to September 13, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is an individual entrepreneur who manufactures communications and semiconductor parts in the trade name of “C”, and the Defendant is a juristic person with the aim of making gold and manufacturing multi-scripting products.

B. From May 201 to November 201, 201, the Plaintiff was requested by the Defendant to process the Dagn-do parts and the mold for making parts of the Dag-do parts and parts from May 201, and produced and supplied the relevant parts and parts to the Defendant at the Plaintiff’s place of business located in Seocheon-si, Seocheon-si.

C. On July 26, 2010, the Plaintiff and the Defendant agreed to jointly carry on the manufacturing business of electric vehicle parts between the deceased E, the former representative director of the Defendant, and the Plaintiff and the Defendant agreed to jointly carry on the manufacturing business of electric vehicle parts.

In accordance with the above agreement, around September 2010, the Defendant leased a factory building located in Busan-si, Nowon-gu, Seoul (hereinafter “instant business establishment”) located in the Plaintiff’s business establishment from New J&K, and installed machinery and equipment and tools for the manufacture of parts at the Defendant’s expense.

From October 2010, the Plaintiff manufactured multiple-rating-related parts, etc. using the Plaintiff’s skills and human resources at the instant workplace from October 201, and sold them to third parties.

However, as E died in winter in 201, the Defendant recovered all the equipment invested in the instant workplace on February 3, 2012, closed the said workplace, and delivered the said workplace to the lessor on May 24, 2012 as the lease contract for the said workplace was terminated.

[Ground of recognition] Unsatisfy, Gap evidence 4, 7, Eul evidence 1, 2, and 3, Gap evidence 1, 2, and 3 (including various numbers, if any), witness G testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s main claim 1 for the replacement of parts at the Plaintiff’s place of business, KRW 42,917,850, from May 201 to November 4, 201, completed the supply after receiving a request from the Defendant for the replacement of parts and parts from May 201 to November 4, 201. As such, the Defendant completed the supply.

arrow