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(영문) 수원지방법원평택지원 2013.10.31 2013가합692
매매대금반환
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by the intervenor accepting the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff (i.e., the Plaintiff) is a company that manufactures the automobile parts, and the Defendant is a business entity that repairs the automobile parts ordered by the Plaintiff with the trade name D and supplies the automobile parts produced as above to the Plaintiff.

B. From November 23, 2011 to July 10, 2012, the Plaintiff requested the Defendant to process the automobile parts ordered by the acquiring intervenor (Provided, That the unit price for the automobile parts was not determined until the time when the transaction is terminated) and received 931,937 automobile parts from the Defendant. The Plaintiff did not pay the price for the automobile parts supplied during the said period to the Defendant.

C. The Plaintiff supplied the parts supplied by the Defendant to the Plaintiff’s Intervenor (hereinafter the Intervenor). The Intervenor supplied the said parts of the said automobile to Nonparty 2, Korea Ltd. (hereinafter the “Korea BranchM”), and gold paper and materials necessary for the production of the said parts were directly provided to the Defendant by the Intervenor.

On July 13, 2012, the Defendant notified the Plaintiff that “No more than 931,937,000 won per piece of the purchase price for the motor vehicle parts supplied by the Plaintiff cannot be produced or supplied to the Plaintiff, unless it is paid by the Plaintiff,” and suspended the manufacture of the parts. Accordingly, on July 17, 2012, the Defendant agreed with the Plaintiff on the following content (hereinafter the instant agreement) with the Plaintiff on July 17, 2012, for resolving the situation with the Plaintiff and the person in charge of the Intervenor.

- - The following:

1. The plaintiff and the defendant shall agree with each other, terminate the transaction, and draw up a written agreement on it and notarized as follows:

2. The plaintiff shall pay 625 billion won to the defendant as agreed upon.

3. The plaintiff does not raise any objection to the defendant with respect to the agreed contents.

4. The plaintiff is in custody of the defendant.

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