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(영문) 서울중앙지방법원 2019.10.15 2018가단5139220

손해배상

Text

1. The Defendant’s KRW 24,853,50 for the Plaintiff and KRW 5% per annum from July 20, 2018 to October 15, 2019.

Reasons

1. Basic facts

A. On April 6, 2018, the Plaintiff entered into a contract with the Defendant to provide 20,000 USB small-sized cable machines produced by the Defendant with the “C” design, the Defendant’s copyright, with 47,000,000 won, 50% within one week after entering into the contract, 50% after the supply, 50% after the supply, and the time of supply, respectively, by May 25, 2018.

B. The Plaintiff and the Defendant agreed to change the supply period to 6,000 (the first supply) until May 25, 2018, and 14,000 until June 1, 2018.

C. On April 10, 2018, the Plaintiff paid 23,500,000 won as advance payment to the Defendant (excluding value-added tax).

The Plaintiff received 6,000 samples from the Defendant on May 24, 2018 and 6,000 of the instant products on May 25, 2018.

As a result of the Plaintiff’s confirmation of the products included in two stuffs, among the products of this case received from the sampling of the instant product, there is a defect as follows.

E. All the products are different in the face of heading part. Among 30 stuffs 30 products, 22 or 20 stuffs and 30 other stuffs, there were defective defects such as painting, coloring, painting, coloring, strawing, 23 or 30 stuffs and 28 stuffs and 30 products among one 30 stuffs and one 30 stuffs and one 30 stuffs and one 28.

F. On June 8, 2018, the Plaintiff notified the Defendant of the rescission of the instant contract.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1 through 13, 16 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, 7 through 10, and the purport of the whole pleadings

2. The assertion of the party executives

A. The plaintiff's assertion is different from the quality agreed upon by the sampling and products supplied by the defendant, and there are defects of mald, mald, mad, and combined defects.