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(영문) 대전지방법원 2018.11.23 2017가단29368

부품대금반환

Text

1. The Defendant’s KRW 577,400 as well as the Plaintiff’s annual rate from January 6, 2018 to November 23, 2018.

Reasons

1. As to the plaintiff's cause of claim

A. The purport of the Plaintiff’s assertion is that the Defendant did not supply parts to the Plaintiff even though the Plaintiff ordered the parts to the Defendant and paid the price, and that the Defendant supplied parts to B to the Plaintiff.

There is no right to supply the parts to the plaintiff who ordered the parts, and there is no right to entrust B with the right to examine.

Even if the Defendant supplied parts supplied to B to the Plaintiff, the Defendant did not pay part of the parts ordered by the Plaintiff to B.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 41,802,100, mental damage KRW 5 million, KRW 5 million, total of KRW 51,802,100, and KRW 51,802, and KRW 100.

B. Fact-finding 1) The Plaintiff is a corporation with the purpose of the system software development and supply business. The Defendant is a person engaged in the electronic components sales business in the name of “C”, and B is a person engaged in the electronic equipment manufacturing business in the name of “D”. B) around August 2016, upon receipt of an order to manufacture and deliver 16,00 hybrids terminal from te-Linking Communications Corporation (hereinafter “te-Link”) and intended to purchase parts to the Defendant, but between the Plaintiff, who was requested by the Defendant to make a prior settlement of the cost of parts, and the Plaintiff with financial capacity, the Plaintiff paid the cost of parts necessary for the production of the hybrid terminal purchased from the Defendant on behalf of the Plaintiff, and the Plaintiff paid KRW 100 per 10,00 of the hybrid terminal that is supplied to the Plaintiff on behalf of the Plaintiff, and the Plaintiff made a verbal agreement to receive a direct settlement of the price of goods from the te-Linking Communications Corporation (hereinafter “te-Link”).

(hereinafter “instant agreement”) 3B requested on October 18, 2016 that the Defendant sent an estimate of 6,000 H-740 Model TL-740 Models to the Defendant, and on October 19, 2016.