beta
(영문) 의정부지방법원 2021.01.14 2019가단19245

손해배상

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (the counterclaim defendant) is 2,054,180 won against the defendant (the counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 22, 2018, the Plaintiff entered into an agency contract or an entrustment contract (hereinafter “instant contract”) with the Defendant with a term of contract up to August 22, 2019, setting the contract period from the date of entering into the contract to August 22, 2019, and the Defendant supplied the Plaintiff with goods, such as clothes, and the Plaintiff sold such goods and paid the price to the Defendant. The Defendant entered into an agency contract or an entrustment contract with the effect that the sales price shall be 37%

B. According to the instant contract, the Plaintiff engaged in the clothing sales business at a store in D’s underground shopping mall (hereinafter “Plaintiff’s store”), and the Defendant supplied the Plaintiff with the clothing goods. The Defendant supplied the goods to the Plaintiff by February 2019.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 2, 8, 9, Eul evidence Nos. 1, 7, 8, and 9, the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. The gist of the Plaintiff’s assertion is that ① the Defendant supplied different kinds of items from those contained in the Pampling (proplate) that promised to supply, supplied goods that do not fit season, ② supplied the same item of items as the Plaintiff supplied to the “F” located in E at the time of left-down at the very low selling price, which is the incomplete implementation of the instant contract.

B. (3) The Defendant unilaterally suspended the supply of clothing from the end of February 2019, and terminated the instant contract.

The plaintiff suffered damages equivalent to the plaintiff's store's rent amounting to KRW 3,60,00 for 12 months (30,000 per month rent x 12 months), ② the management expenses of the plaintiff's store 11,728,640 won and electric power rates of KRW 4,067,580, ③ the internal interior interior interior interior interior interior interior interior interior class costs of KRW 900,000, 1,350, 350, 270,000, 1,080, 270,000, 2,000, 2,070, 3,000, 2,000, 3,150, 28, 2906, 290, 2906, and 200, 4.