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Reasons
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(영문) 전주지방법원 2019.08.22 2018가합2225
물품인도
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The parties concerned are companies established for the purpose of pressureing, manufacturing, and processing of non-ferrous metals. Defendant B (hereinafter “Defendant B”) is a company established for the purpose of manufacturing non-ferrous metals and steel products, and Defendant C is an employee of Defendant B.

B. On May 1, 2017, the Plaintiff entered into a contract for the supply of goods with the content that the Plaintiff would supply Aluminum chips, which are by-products generated in the process of manufacturing Aluminium wheelchairs, to Defendant B (hereinafter “instant contract”).

Of the content of the instant contract, the part relating to the instant case is as follows.

A contract for the supply of goods shall be concluded by mutual agreement between the plaintiff (the seller in this contract) and the defendant B (the buyer in this contract) on the same terms and conditions as the other party provided in this contract.

Article 2. Method of Transaction

1. Defendant B shall be supplied with Aluminum chips from the Plaintiff.

2. The Plaintiff shall supply the aluminium chips to Defendant B as much as possible after removing foreign substances.

Article 6. The Plaintiff shall settle down on the last day of each month and issue a tax invoice within 10 days, and the Defendant B shall pay the purchase price for Alumin chips to the Plaintiff in cash.

Article 7 (Prohibition of Disposal) Defendant B shall not transfer or substitute chips for any reason, which are by-products purchased, and shall not establish a third party security or pledge for the purpose of security, and Defendant B shall compensate for the damages of the Plaintiff as determined by the Plaintiff.

C. On September 14, 2017, Defendant C cannot pay 200 million won unpaid wages to the employees until September 21, 2017, on behalf of the said employees, as the 13 representative employees working for Defendant B.

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