Powchem Co., Ltd. v. Powderway Corporation
Published: Apr. 29, 2003 | Result Date: Apr. 8, 2003 | Filing Date: Jan. 1, 1900 |Case number: BC274652 Bench Decision – $388,200
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Frank A. Magnanimo
(Tharpe & Howell LLP)
Defendant
Facts
The plaintiff is a Korean company which manufactures and sells powdered paint products. The defendant is a California corporation which purchased and resold the plaintiff's product in the United States and South America. The plaintiff contended that it had sold and delivered product to the defendant for which the defendant did not pay. The defendant admitted receiving and reselling the product but sought a set-off because of damages it allegedly sustained because of the plaintiff's actions. The defendant contended that it had an agreement with the plaintiff granting the defendant sole distributorship rights of the plaintiff's product in the United States market and that the plaintiff breached this agreement. The plaintiff denied these allegations.
Result
The court found for the plaintiff on the plaintiff's claims for reasonable value of goods delivered, open book account and account stated in the sum of $388,200. The court also found for the plaintiff and cross-defendant on the defendant and cross-complainant's claims for breach of contract, interference with contractual relationship, fraud, negligent misrepresentation and account stated.
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