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(영문) 수원지방법원 2018.12.06 2018가단517090
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a company that supplies basic parts of a motor vehicle to a motor vehicle completion business entity, such as C, and the Plaintiff is a company that is entrusted with the manufacture of the basic parts by the same business entity as the Defendant and supplies them.

B. After having leased gold necessary for the production of basic parts from C, the Defendant requested D Co., Ltd. (hereinafter “D”) to produce basic parts by free holding office on June 2012, 201, while requesting D Co., Ltd. (hereinafter “D”).

C. On March 2, 2013, the Plaintiff notified that he/she will succeed to all claims and obligations related to D, and on April 1, 2013, the Plaintiff and the Defendant entered into a basic transaction agreement with the Plaintiff to produce and supply basic parts at the Defendant’s request, and a form of lease agreement with the Defendant to pay the Plaintiff the penalty necessary for the production of basic parts.

When the Defendant supplies raw materials to the Plaintiff, the Plaintiff supplies the basic parts by using the gold type leased free of charge. Since the Defendant can earn profits by selling scrap (Scrap and scrap scrap) generated in the process of manufacturing the parts, the Defendant calculated the material cost by deducting the selling value of scrap from the raw material value.

Therefore, the original and the Defendant settled the price by offsetting the Plaintiff’s claim against the Defendant, calculated by aggregating labor cost, manufacturing cost, general management cost, profit, material management cost, and transportation cost after deducting the value of scrap from the price of raw materials and the price of raw materials for the Defendant’s raw materials. In the event that defective parts produced by the Plaintiff are not supplied, the Defendant did not pay the price of the parts to the Plaintiff, but the Plaintiff is obligated to pay the entire price of the raw materials related thereto.

E. As a result of the settlement of price as above, the Defendant’s outstanding claim against the Plaintiff at the time of December 30, 2015, is the obligation that the Plaintiff succeeded from D.

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