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(영문) 광주지방법원 2015.10.16 2014가합7164

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 Defendant is a company producing gold, etc., and the Plaintiff is a company that directly manufactures and supplies gold orders from DNA (DTI; hereinafter “DTI”) of a U.S. company, or supplies gold orders by requesting production from other gold-making companies such as the Defendant.

No. Serial No. 13J-32P 5,00,000 on June 3, 2013, granting the Plaintiff the Plaintiff the product price for the production of P/N 15743827 22P 13J-32P 55,00,000 on June 3, 2013, granting the Defendant the Plaintiff the product price for the production of No. 136 on June 3, 2013 P/N 15743839 240,000,000 on June 3, 2013: P/ND93-R7N630 42P 70,000

B. On June 2013, the Plaintiff requested the Defendant to produce gold and paid the price thereof as follows.

C. The Defendant failed to complete the production of the foregoing set-off, gold-type, and gold-type (hereinafter “each set-type of gold in this case”), and the Plaintiff completed the production of the pertinent gold-type by requesting the gold-type B Co., Ltd. (the representative director C; hereinafter “B”), and gold-type D (E) whose production was suspended by the Defendant, respectively.

The plaintiff did not pay all the production costs of each of the gold forms of this case to the defendant, and received delivery of each of the gold forms of this case completed by B and D, and delivered them to D.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 5 evidence, Eul evidence 1 through 4, 6 through 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) As there were defects in each of the gold forms of this case supplied to Daltiia, the Plaintiff suffered damages as set forth below, and thus the Defendant is obliged to compensate for them. A) Daltiia spent the following expenses in order to repair the defects in the gold mold, and deducted them from the gold sheet to be paid to the Plaintiff.

The Defendant shall compensate the Plaintiff for the total amount of KRW 40,950,970 (=23,348,286 Won 17,602,684).

Expenses for remuneration of gold: 23,348,286 won ($ 22,958): Expenses for remuneration of gold: 17,602,684 won ($17,170). The business trip period is the business trip period.