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(영문) 의정부지방법원 2017.02.17 2016나3561

손해배상

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a merchant who engages in wholesale and retail business, such as pressings, materials, slurs, etc. with the trade name “D” in Jongno-gu Seoul Metropolitan City C market underground B 526, and the Defendant is a merchant who engages in sales business, such as rooms, with the trade name “E” in the first floor of C market B B 1.

B. On February 24, 2015, the Plaintiff made an order 40 km (400,000 won) from the Defendant’s shop to the Chinese government to produce a string to be sent to China, and the Plaintiff ordered 40 km (400,000 won).

The defendant delivered 40 km to the plaintiff according to its order and received the price from the plaintiff.

C. On April 22, 2015, the Plaintiff sent a certificate of content to the Defendant, and expressed the intent to send approximately 53,00 sludge to the Plaintiff, in the sense of compensating for damages caused by the Defendant’s delivery room.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1, Eul evidence 1, F's testimony of a witness at the trial and the purport of whole pleadings

2. The parties’ assertion

A. The Plaintiff’s assertion 1) visited the Defendant’s shop on February 24, 2015 to show the completed sleep and sent it to the Plaintiff. The Defendant, according to the Plaintiff’s order, packaged guns into a package and sent them to the Plaintiff, and requested the Plaintiff to produce sleep by packing the guns delivered as they are, and then sending them to China. However, while the Plaintiff’s guns sent to the Plaintiff, the Plaintiff was mixed with a non-sleep room, and the mixed room was not properly salted, and the product value was not high (2) accordingly, the Plaintiff against the Defendant, as such, 1 minute3,209,70 won for the production of slocks paid by the Plaintiff to the Chinese company (24,690 won per unit price x 130 won per unit), 2,3640, 200 won per unit price per unit, 300 won per unit price per unit, 300 won per unit price per unit, 200 won per unit.