손해배상(기)
1. The defendant shall deliver the penalty stated in the attached list to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Facts of recognition;
A. (1) On June 9, 2014, the Plaintiff and the Defendant as indicated in the separate sheet (hereinafter “instant gold”).
As to the contract amount of KRW 14,00,00 (excluding value-added tax) and gold production contract (hereinafter “instant contract”) with respect to the gold production from June 9, 2014 to July 1, 2014.
(2) Article 11(2) and (3) of the instant contract provides that “The ownership of the subject-matter of the instant contract shall be transferred to the Plaintiff simultaneously with the Plaintiff’s full payment of the contract price. If the Plaintiff is damaged due to the loss or damage during the storage of the Defendant’s contractual object, the ownership of the subject-matter of the instant contract shall be compensated in cash or in kind for the said object.”
B. 1) The Plaintiff paid KRW 14,00,000 to the Defendant according to the instant contract, and around July 1, 2014, the production of the instant gold punishment was completed. However, the Plaintiff and the Defendant agreed to manufacture and supply the presses, etc. using the instant gold punishment to the Plaintiff while keeping the instant gold punishment in custody.
C. The Plaintiff’s June 15, 2015, and the same year
7.14. 14. 14.
8. 13.13. and the same year.
8. 20. 20. The Defendant requested the manufacture and supply of the terminal flus, etc. using the instant gold type, and received the delivery and paid the price in full.
1) After the dispute arises between the Plaintiff and the Defendant regarding the supply of presses, the Plaintiff suspended the said supply transaction, and demanded the Defendant to deliver the instant monetary sentence. 2) The Defendant sent a note (Evidence A No. 7) to the Plaintiff to the effect that “The Plaintiff is going through consultations on the Chinese side for the return of the instant monetary sentence and the other progress situation,” etc., and discussed the issue of return of the instant monetary sentence between the Plaintiff and the Defendant.
[Ground of recognition] without any dispute, Gap evidence 1, Gap evidence 2-1 through 7, Gap evidence 3-1 through 6, Gap evidence 4-1, 2, Gap.