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(영문) 수원지방법원성남지원 2015.12.11 2015가단208121
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells semiconductor equipment and parts, and the Defendant is a company that develops its members (MEM) micros (hereinafter “instant micros”) and supplies them to Samsung Electronic Co., Ltd.

B. Around February 2013, the Defendant received supply of part of the parts for the production of the instant micro-production from specialized PCB companies, and confirmed the quantity and unit price of the EC (hereinafter “instant goods”) as parts for the production of the said PC to Korea IM Co., Ltd.

C. From March 22, 2013 to May 7, 2013, the Plaintiff, an agent of Korea NM, ordered C1012 10,720, C206 9,780 among the instant goods to Korea NM Co., Ltd., and purchased C10125,00 and C206 9,780 among the instant goods from April 22, 2013 to October 30, 2013.

From April 2013 to February 2014, the Plaintiff supplied approximately KRW 4,800 and approximately 5,6606 among the instant goods to A, B, C, and D, a PCB company, and the said company manufactured and supplied the PCB to the Plaintiff.

E. Since August 2013, from August 2013 to August 2014, the PCB renounced the production and supply of goods to the Defendant due to unit price issues, technical difficulties, etc., and the Defendant was supplied by the Chinese PCB company.

F. Current inventory of the instant goods held by the Plaintiff is Chapter C120, Chapter C2006 3,560.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 2, 3, 5, 27 through 29, the purport of the whole pleadings

2. The parties' assertion

A. In light of the following: (a) the Plaintiff and the Defendant first agreed on the continuous supply of the instant product; (b) the determination of the product to be supplied; (c) the determination and alteration of the unit price of the product; (d) the determination of the order and inventory quantity of the product; and (e) the determination of the change in the delivery places and delivery places of the product, the contract to continue to supply the product.

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