(영문) 수원지방법원 2017.11.22 2016가단40404

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(영문) 수원지방법원 2017.11.22 2016가단40404

금형인도

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1. The Defendants: (a) KRW 7,200,000 for each Plaintiff and KRW 6% per annum from July 23, 2017 to November 22, 2017; and (b).

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates a gold-type manufacturer with the trade name of “D”, and Defendant B is a person who produces and sells mobile phone cases, charging machines, etc. using gold-type supplied by the Plaintiff with the trade name of “E”.

B. If the Plaintiff produced a gold paper in accordance with the drawing offered by Defendant B from October 2010 to March 2013, and delivered it to Defendant C at the request of Defendant B, the Plaintiff maintained the transactional relationship in which Defendant B pays the penalty amount to the Plaintiff when there is no defect in the withdrawn.

C. The Plaintiff filed a lawsuit against Defendant B with the Head of Suwon District Court 2014Gahap21219, and received a request from Defendant B to October 6, 2010 to March 15, 2013 for a gold production of a total of KRW 44,865 million (excluding value-added tax) from Defendant B, and supplied the same. The Plaintiff received KRW 375,5150,000,000 and did not receive the remainder of KRW 12,1850,000.

On April 16, 2015, the above court rendered a judgment dismissing the plaintiff's claim on the ground that the plaintiff was already paid for the production of gold equivalent to KRW 420,500,000 (excluding value-added tax) from Defendant B, and the gold-type as listed below (hereinafter referred to as the "gold-type") among the gold-type supplied by the plaintiff was the gold-type as listed in the table below (hereinafter referred to as the "gold-type") of the gold-type supplied by the plaintiff, and the plaintiff could not claim the corresponding amount of the gold-type as the gold-type was the gold-type of a complete defect that has not been produced under the contract, and therefore, the court rendered a

The supply value of gold-type sand in the name of gold-type items 1 Handphones (fluores) 432,200,000 won 1 Handphones (fluor), I-PHNE 4 G 218,000 won 3 cases (fluorphones) I-PHHNE 4 G 215 million won 45V charging machines (public shock machines) 432,000 won 97,000 won in total 97,000 won.

E. Accordingly, Seoul High Court Decision 2015Na202302.

유사 판례

-수원지방법원안산지원 2015.04.16 2014가합21219

-수원지방법원 2016.10.05 2016가단24440

-광주고등법원 2016.06.10 2015나11372

-서울남부지방법원 2020.04.09 2019나58399

-부산지방법원 2020.01.31 2019나48264