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(영문) 서울동부지방법원 2015.03.03 2014가단31166

손해배상(기)

Text

1. The Defendant’s KRW 21,380,00 for the Plaintiff and 5% per annum from July 22, 2014 to March 3, 2015.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in Gap's evidence 1 through 4, and the purport of the whole pleadings);

A. On December 2012, the Plaintiff received from the Defendant a supply of the amount equivalent to KRW 3,859,380 of the garment bar in color.

B. The Plaintiff produced a set of KRW 10,143,00, from the end of December 2012 to the end of January 2013, 2012, the Plaintiff supplied the Defendant’s 1,127 (Ch. 9,000 won per head) to B.

C. However, as a result of the error in the color of the above original group, the Plaintiff supplied another original group from another company, and manufactured and supplied another company with an additional amount of KRW 720,000,000,000 to the company B.

The Plaintiff was not paid KRW 10,143,00 from Company B on the ground of 1,127 of Ethrts 1,127 supplied by the Defendant, and due to such defects, KRW 11,237,00 was required for Company B to purchase Ethrts in other stores. The Plaintiff was entitled to claim compensation for damages for KRW 4,037,00,000, after deducting KRW 720,000 from the above costs, which was additionally produced and supplied by the Plaintiff.

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff manufactured and supplied 10,143,00 won of Ethrts 10,143,000 to B as a defective source supplied by the Defendant, but was not paid the price of Ethrts on the ground of this defect, such as e.g., e., e., e., e., e., e., damage compensation for KRW 11,237,00.

In addition, the Plaintiff has maintained the transaction relation with B company since 2001, and the Plaintiff was unable to engage in any transaction any longer with B company due to the defective delivery of Ethrts in this case, resulting in losses of KRW 70,585,300 (the average amount of KRW 14,117,060 per annum x 5 years) for the next five years.

Therefore, the defendant.