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(영문) 수원지방법원 2015.06.11 2013가합8963
유체동산인도
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 183,049,285 to the Defendant (Counterclaim Plaintiff) and its related amount from January 10, 2014 to June 11, 2015.

Reasons

1. Basic facts

A. On June 2012, the Plaintiff consulted to enter into a contract for the supply of parts necessary for the manufacture of Defendant and boiler, which the Plaintiff provides gold, facilities, and raw materials, and the Defendant manufactures and supplies parts (hereinafter “instant contract for the supply of parts”).

B. Following the foregoing consultation, A, B, C, and C in charge of the Plaintiff Company: (a) the Defendant Company determined to supply parts after a meeting on July 19, 2012; and (b) the minutes containing the following (hereinafter “instant minutes”; and (c) the above meetings prepared minutes (hereinafter “instant meetings”).

(1) The timing for the mass production of the presses shall proceed in the middle of August, and shall be arranged for the operation method, internal procedures of the Plaintiff Company, quality, and methods of delivery in advance.

(2) The Plaintiff Company shall proceed to the floor works of the presses floor and the installation removal pipes, and the electricity and the distribution works shall proceed to the Defendant Company.

(A) A trial run shall be conducted in the same manner as the Plaintiff Company and the Defendant Company). (3) An investment in the NC Cropic shall be conducted by the Defendant Company in advance, and shall not be problematic.

(4) The recruitment of workers shall be completed after a specific notice of mass production.

(5) The place where the voltage presses are installed shall be specified after the head office is inspected, and the part where problems occur after the relocation of facilities shall be repaired after consultation with the Plaintiff Company's Equipment and Technology

C. After that, on July 25, 2012, the Plaintiff inspected the Defendant’s financial structure, production management, material management, and facility management status, etc., from August 8, 2012 to August 13, 2012, and supplied the Defendant with materials, such as presses-type 32 for the manufacture of boiler components, such as bed and grick spons, one hydrotensionr, one bed, one bed sponsr, one brick spons, and one sponsrgs, and two-five parts for the manufacture of boiler components (hereinafter “instant materials”). The Defendant installed the Defendant’s factory with the gold-type and equipment delivered as above, and provided the Plaintiff with the parts tested and produced on August 13, 2012.

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