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(영문) 서울동부지방법원 2018.07.18 2017나23525

손해배상(기)

Text

1. The judgment of the first instance, including the claims extended at the trial in accordance with the Plaintiff’s incidental appeal, is as follows:

Reasons

1. Facts of recognition;

A. On March 31, 2016, the Plaintiff entered into a contract with the Defendant for the supply of the panel (including value-added tax) with the content that the Plaintiff would be supplied with the instant panel (hereinafter referred to as “instant supply contract”) of 500 glusium with the content that the Plaintiff would be provided with the instant panel (hereinafter referred to as “instant supply contract”).

The name: Ramerth, a single heat plate (class 2), a single heat panel, a single heat b : 125T size: 800 square meters and colors of non-class 6: 00 square meters in total: 542 square meters in supply place on April 4, 2016: A construction site for a new factory at the Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, a factory construction site for a factory.

B. After that, on April 4, 2016, the Defendant paid KRW 16,390,000 from the Plaintiff to the Plaintiff, and supplied the Defendant to the said place of supply. The Nonparty Company notified the Plaintiff of the return of the first supply panel of this case on the ground that the Plaintiff was not the “White Team.”

C. Accordingly, around April 9, 2016, the Defendant supplied the Plaintiff with a white panel (hereinafter “the second supply panel”) again. However, the Nonparty Company notified the Plaintiff of the return on the ground that the second supply panel of this case constructed in another building was also different from its color.

Since then, on April 18, 2016, the Plaintiff requested the Defendant to supply the pertinent panel by means of content-certified mail to the Defendant by April 20, 2016, and notified the Defendant that he would cancel the instant supply contract if he/she fails to comply with the request, and the said notification was served on the Defendant around that time.

E. However, the defendant puts the second supply board of this case.