beta
(영문) 서울중앙지방법원 2015.08.20 2014가단5077812

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 18, 2013, the Plaintiff received an order from Vietnam to purchase 200,000 U.S. dollars 300,000 U.S. dollars from YN (hereinafter “VE”) in Vietnam.

B. Thereafter, around December 2013, the Plaintiff concluded a supply contract with the Defendant Company, which was introduced by A and B, to be supplied with the Defendant Company’s production, and to be supplied with the following content:

(hereinafter referred to as the “instant contract”). The quantity of orders issued by the Daraec 5ml (hereinafter referred to as the “instant order”): The amount specified in the order: 1,000 won per unit (including packing expenses): The “A” shall pay 50% of the total price to the “B (Defendant Company)” as the down payment in cash and pay 50% of the balance at the time of the completion of product production.

Goods supply time limit: A shall send an order to “B (Defendant Company)” by facsimile and mail, and “A (Plaintiff)” shall produce “B (Defendant Company)” when the contract deposit is paid.

Defect warranty: The term "B" shall be responsible for the warranty of defects in goods.

Expenses shall be borne by “B”.

C. Around December 2013, the Plaintiff ordered the Defendant Company to 20,000,000 won of 10,000 won of 20,000 won of 20,000 won of 10,000 won of 10,000 won of 20,000 won of 10,000 won of 2

Around December 19, 2013, Defendant Company: (a) received KRW 3 million from A; (b) commenced the production of the instant nitrocul; and (c) completed all of the production of the ordered Hacul on January 19, 2014; (b) refused to supply the instant Macul on the ground that the Plaintiff did not pay the Macul.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Eul evidence 1-2, Eul evidence, witness B and Eul's testimony, the purport of whole pleadings

2. The Plaintiff’s assertion that the Defendant Company runs the instant documentary service to the Plaintiff by January 20, 2014.