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(영문) 서울남부지방법원 2018.12.13 2017가합104140
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C Co., Ltd. simultaneously with the delivery of each of the items listed in the separate sheet No. 2 from the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing, selling, exporting, procuring, importing, and distributing industrial control measuring instruments, their parts, and components. Defendant C is a company established for the purpose of manufacturing, selling, importing, and distributing control instruments and products of distinguished services. Defendant D is a company established for the purpose of manufacturing, selling, selling, etc., measuring and control instruments, pipes, materials, valves, etc., wholesale and retail, export and import, etc., and Defendant E is a company established for the purpose of manufacturing and selling valves.

B. A valve supply contract between the parties, etc. 1) F Co., Ltd. (hereinafter “F”).

(A) On July 4, 2014, the Plaintiff is a gas measurement system (Gasing Symem, hereinafter referred to as “instant system”) with respect to G projects.

(2) On December 10, 2014, Defendant D ordered the instant system to supply value of KRW 434,387,000, and the due date for payment up to May 10, 2015.

3) On December 19, 2014, the Plaintiff entered into a contract with Defendant D for the purchase of MaV Ball Valves, Valves, etc. to be used for the instant system from Defendant D to KRW 578,00,00 (excluding value-added tax). On June 24, 2015, the Plaintiff ordered the purchase of KRW 578,000 (excluding value-added tax) with two MOV Balves, “2 of ManV BalV Valves, 18 of Manbu Valves, and 6 of supply value of KRW 578,00,00 (excluding value-added tax) (the payment period under the written order is written on June 12, 2015).

(4) On January 20, 2015, the Plaintiff ordered the Defendant C on June 30, 2015, KRW 268,000,00 (excluding value-added tax) and the payment period on June 30, 2015.

(On the other hand, on June 30, 2015, the Plaintiff drafted an order on June 14, 2015 and June 30, 2015) with the same content as the payment period. (5) Defendant C ordered on January 20, 2015 the 16th "MOV Ball Valve1, supply price of 215,852,000 won, and payment period of 215,852,000 won to Defendant E.) to Defendant D.

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