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(영문) 수원지방법원 여주지원 2021.01.26 2019가단1918

손해배상(기)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

In fact, the Plaintiff is a company established for the purpose of manufacturing and retailing ventilation ventilation and ventilation, and C Co., Ltd. (hereinafter referred to as “C”) is a company established for the purpose of manufacturing and selling, etc. such as ventilation ventilation, ventilation, and air circulation, and D substantially operates the representative director or her husband’s interest, E, the representative director of the Plaintiff.

The defendant is a company established for the purpose of manufacturing and selling gold-type machinery parts, and the F is actually operating as the representative director or the husband of G as the in-house director.

On February 26, 2016, the Plaintiff entered into a supply contract (hereinafter “instant supply contract”) with the Simco 7 panty, panty 5 panty, and 2 panty 2 panty 30 March 30, 2016, which are parts necessary for the production of pande with the Defendant (hereinafter “instant parts”).

On March 2, 2016, the Plaintiff paid KRW 20 million to the Defendant as material cost necessary for the production of parts.

The Defendant did not supply the instant parts to the Plaintiff by March 30, 2016, which was the date of delivery stipulated in the instant supply contract.

On April 2018, the Plaintiff expressed his/her intent to rescind the instant supply contract to the Defendant.

[Ground of recognition] The plaintiff asserted facts without dispute, Gap evidence Nos. 1, 2, 14, 15, and 17 (including number number; hereinafter the same shall apply) and the purport of the whole pleadings, and the plaintiff concluded a contract for the supply of other parts necessary for the production of spawn with other companies under the premise that the defendant supplied the parts of this case by the delivery date stipulated in the supply contract of this case.

However, the defendant did not supply the parts of this case by the delivery date.

As a result, ① all parts of the market price of KRW 142,307,00, which the Plaintiff received from other companies, were destroyed due to the lack of use, and was disposed of. ② The Plaintiff suffered operating loss equivalent to KRW 50 million due to the Plaintiff’s failure to produce the intended culture.

Therefore, the defendant.