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(영문) 수원지방법원안산지원 2016.09.21 2015가단28272
물품대금
Text

1. The plaintiff's respective claims against the defendants are dismissed.

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

Reasons

1. In full view of the overall purport of the arguments in Gap evidence 4, Gap evidence 5, Eul evidence 8, Eul evidence 10-1, 2, Eul evidence 10-2, Eul evidence 2, Eul evidence 9, Eul evidence 14, the plaintiff started to manufacture presses for the manufacture of parts, such as ELD, in accordance with the design drawings provided by the defendants, in accordance with Eul evidence 4, Gap evidence 5, Eul evidence 8, Eul evidence 10-1, Eul evidence 10-2, Eul evidence 2, Eul evidence 9, Eul evidence 14, and Eul evidence 14, and there is no counter-proof.

2. The parties' assertion

A. The Plaintiff, as the cause of the instant claim, ordered the Plaintiff to produce and sell the instant gold bullion, and the Plaintiff produced and supplied it, and the Defendants jointly and severally held that they are liable to pay the price for the instant gold bullion to the Plaintiff.

B. As to this, the Defendants requested the Plaintiff to produce the gold in this case, but they did not ordered the Plaintiff to pay the production price and make gold production. In the event that the Defendants intended to engage in the business of producing and supplying ELD Capital, etc. at the gas stations located in China, they merely produced the gold in this case by the Plaintiff after producing the gold paper at their own expenses and selling the gold paper to the Defendants thereafter, and thus, they merely produced the gold paper in this case. As such, the Plaintiff would have obtained profits through the supply of parts at the time of success of the business, and the Plaintiff could not claim against the Defendants for the gold paper production price.

3. Determination

A. In light of the aforementioned allegations by the parties, the Plaintiff’s claim in the instant case may be accepted only when the Defendants paid the Plaintiff the production cost and based on the premise that the Defendants requested the production. In light of the following facts, the Plaintiff’s claim in the instant case may be accepted.

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