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(영문) 의정부지방법원 2020.11.10 2020가단104514

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. The Plaintiff is a merchant who manufactures and sells a reserve force spaws and spaws under the trade name of “C,” and the Defendant is a merchant who is supplied with goods from the Plaintiff in the trade name of “D.”

B. The Plaintiff heard the Defendant’s horse that a large quantity of goods will be sold, and manufactured large quantities of goods, such as the E Military Training Center and each association’s bonus, etc., and supplied the Defendant with goods manufactured as above from June 201 to January 2013.

C. The Defendant did not pay the Plaintiff the price for the goods supplied by the Plaintiff because of low sales of the goods, and did not additionally receive the goods that the Plaintiff manufactured in large quantities.

In this regard, on April 5, 2013, the Plaintiff kept 41,234,025 won for the Defendant on April 1, 2013, “the amount of goods unpaid as of April 1, 2013 is 41,234,025 won for each association and 65,000 for each association’s price and 5,00 for E-military training center, and is under custody of 513 returned and digital E-mail’s price and 2,000 for digital E-mail’s price and 88 boxes.

In light of the above circumstances, the Defendant sent a facsimile stating that “The amount of the monthly approval is KRW 15,00,000,000, and the amount of the five-month approval is KRW 20,000,000,000,000 or more, the amount of the five-month approval is at least 15,000,000,000, the amount of the business difficulties is difficult to carry out.” In short, the Defendant sent the Plaintiff a facsimile to the effect that it is difficult to carry out the business affairs.

On June 11, 2013, the Defendant sent a reply to the effect that “The Defendant shall deposit to the Plaintiff four times each time in the amount of KRW 10,00,000 per month between July 1, August 201, September, and October.

The facsimile sent "the details of the terms".

E. On October 4, 2013, the Plaintiff confirmed that the outstanding amount unpaid between the Defendant and the Defendant was KRW 10,657,575, and around that time, the Plaintiff supplied to the Defendant, such as training costs in the Defendant’s shop and the time off, and the goods supplied to the Defendant.