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(영문) 서울북부지방법원 2017.03.07 2015가단18869

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of manufacturing and wholesale and retailing textile products, and the Defendant is a person engaged in the clothing processing business under the trade name of “B”.

B. On December 3, 2014, the Plaintiff entered into a supply contract with C, Inc. (hereinafter “KIKO”) to supply 143 Dazers (hereinafter “instant Dazers”) to Dazers at KRW 22,561,000 for supply price. At that time, the Plaintiff’s employees D requested the Defendant to supply Dazers at KRW 48,000 for the instant Dazers at KRW 48,00 for each opening (hereinafter “instant Dazers”). At that time, the Plaintiff agreed to bear the purchase cost of raw materials for the Dazer processing at that time.

C. On January 7, 2015, the Defendant supplied the instant teaper to C. Meanwhile, on February 26, 2015, the Plaintiff and the Plaintiff agreed to compensate for damages caused by the defects of the instant teaper, but given up the total amount of KRW 22,561,00 for the supply price, and actively cooperate with KIKO in cases where KIKO paid additional compensation to C.

On the other hand, the Plaintiff paid KRW 11,534,60 (including surtax) to the Defendant on January 5, 2015, totaling KRW 11,534,60 (including surtax).

[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2-2, and Gap evidence 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Plaintiff requested the Defendant to process 30% of the original 70% (other materials 30%) with the filling materials. The Defendant produced at least 70% and supplied it to C on January 7, 2015, and the Plaintiff agreed on the condition that the Plaintiff waives KRW 22,561,00 of the price of the goods and supply to the Plaintiff. As such, the Defendant is obliged to compensate the Plaintiff for damages equivalent to KRW 22,561,00 of the said price of the goods and supply to the Plaintiff. 2) The Defendant raised this objection from D.