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(영문) 부산지방법원 2018.12.13 2017가단326495

유체동산인도

Text

1. The defendant shall have 13,276 Bobanes stated in paragraph (1) of the attached list and 15,478 Bobanes listed in paragraph (2) of the attached list.

Reasons

1. Basic facts are corporations that conduct the business of manufacturing fishing gear, and the defendant is an individual entrepreneur engaged in the business of manufacturing fishing nets with the trade name called "C," and the plaintiff supplied the fishing nets from 2006 to 201 to the defendant, and supplied the fishing nets with a reduction of them (bobin, and a flobin pattern). The defendant returned to the plaintiff after using the fishing nets. There is no dispute between the parties concerned.

2. The assertion and judgment

A. The plaintiff asserts that the defendant sought compensation for the transfer of 29,863 Boble 29,863 and the delay in its performance. Accordingly, the defendant did not agree to return Boble for the plaintiff's convenience, and the number claimed by the plaintiff cannot be recognized.

B. Determination 1) The Plaintiff and the Defendant commenced the transaction and signed a sales contract signed on January 4, 2006 (No. 20 certificate, and D, the Defendant’s employee, in the Defendant’s side, signed by the Defendant’s employee.

hereinafter referred to as “instant contract”).

(2) The Plaintiff prepared a written confirmation (Evidence 2) stating that “The number of emptys supplied as such in fishing nets shall be confirmed and returned within 90 days by the buyer to the seller. If the return is not made within the prescribed period, the buyer shall compensate the seller in cash in 800 won.” D’s “The number of emptys 7,843 delivered from the Plaintiff on January 5, 2006 shall be returned by April 10, 2006 to the Plaintiff, and the number of emptys shall be calculated in 800 won per one in advance at the time of the unreturn.” Thus, the Defendant bears the obligation to return the emptys supplied with the fishing nets to the Plaintiff. 2) As such, the Defendant received the package specifications, product specifications, export declaration certificate, customer ledger (Evidence 317-317) from the Plaintiff, and the number of emptys 208 (attached Form 317-2) from the Plaintiff, the number of emptys shall be returned to the Plaintiff.