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(영문) 서울중앙지방법원 2017.05.11 2015가단5274009

손해배상(기)

Text

1. The defendant shall pay 112,218,00 won to the plaintiff and 15% per annum from July 6, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff newly built an apartment unit in C and D entered into a first supply contract with the Defendant (E) with regard to the supply of the leased electronic equipment (hereinafter “E”), with the period of payment of KRW 347,820,00 on December 28, 2013, up to July 12, 2015; the period of payment of KRW 347,820,00; and the period of payment of KRW 10,000 on July 29, 2015 (Extension of the period as of May 31, 2015); concluded a first supply contract with the Defendant on May 8, 2015; and paid KRW 50,00,000 as advance payment; ② the contract amount of KRW 318,240,000; the payment period of KRW 30,000 on March 28, 2014; and ③ the Defendant paid KRW 300,005,015,000 as advance payment.

B. However, the Defendant received KRW 76,912,00 from the Plaintiff as advance payment of each of the above supply contracts (i.e., KRW 50,00,000, KRW 11,000,000) and did not enter into an order for the investigation of electronic equipment due to financial standing, etc., and did not enter into an order for the investigation of electronic equipment; on July 8, 2015, prepared each written waiver of the contract for the first supply contract in the C Zone; and expressed the intent to waive the contract to the remainder of the construction, the Plaintiff notified the Defendant of the termination of the contract for the second and fourth supply contracts in the C Zone by mail with content-proof as of July 16, 2016.

C. As the waiver or termination of each of the above supply contracts with the Defendant, the Plaintiff inevitably purchased new electronic equipment of the same kind or kind as alternative one substitute one with the Defendant, thereby incurring KRW 102,697,00 [38,288,285,000 with the primary supply volume of the C district, ② KRW 328,848,624,624,000 with the secondary supply volume of the C district, ③ KRW 102,697,00 with the supply volume of the D district (328,285,00 - 347,820,000 with the supply volume of the D district - KRW 328,848,240,000 with the payment volume of KRW 1,07,624,000 with the additional payment volume of KRW 956,000].

Meanwhile, the Plaintiff is between the Defendant and F Co., Ltd.