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(영문) 서울북부지방법원 2018.07.05 2017나36053

손해배상(건)

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows: (a) there is no dispute about “(based on recognition”; (b) evidence Nos. 1, 2, 3, 8, and 15; and (c) evidence Nos. 1, 1, 2, 3, and 15; and (d) the purport of the entire pleadings; and (b) the defendant’s assertion emphasized or added by this court is as follows: (c) the ground of the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Defendant asserted that the Defendant concluded the original unit processing contract with the Plaintiff and set the period during which the Defendant agreed to supply the original unit to the Plaintiff from August 8, 2016, which was the date of the contract, from August 8, 2016 to 30 days. Although the Plaintiff sent part of the original unit to the Plaintiff on September 13, 2016, which was before the said period expired, the Plaintiff refused to receive the original unit. The Plaintiff changed the main text of the original unit, thereby resulting in the Plaintiff’s delayed delivery of the original unit, and thus, the Defendant did not delay the performance of the obligation under the original unit processing contract.

B. On August 5, 2016, prior to the conclusion of the instant original processing agreement, the Plaintiff consulted with C on August 5, 2016 on the period during which the instant original processing agreement was concluded, and then C’s “30 to 40 days” should take place and at least 600 km work.

“Although the Plaintiff transferred its intention, it may delay if the time period so far, but may not delay the letter, the time limit for 30 days.

It is possible, after the response, to 4 hours later, to 20-25 days later.

The plaintiff confirmed or urged C to implement the contract after the lapse of 20 days from the contract date.