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(영문) 인천지방법원부천지원 2019.06.28 2018가단1355

손해배상(기)

Text

1. The Defendant’s KRW 7 million to the Plaintiff and the Plaintiff’s 5% per annum from February 15, 2018 to June 28, 2019.

Reasons

1. Facts of recognition;

A. On July 6, 2015, the Plaintiff entered into an gold production contract with the Dispute Resolution Co., Ltd. and received 15 million won down payment from the Dispute Resolution Co., Ltd on July 8, 2015.

The payment period of the price of the object gold;

1. Gold-m penalty (12 million won);

2. Lmond 33 million won in total (21 million won) - down payment of 15 million won in down payment (up to July 16, 2015) - intermediate payment of 12 million won (up to July 31, 2015) - Amounting to 6 million won in total (up to July 31, 2015) (up to August 13, 2015) - Amounting to 6 million won in total. < Amended by Act No. 13488, Aug. 13, 2015>

On July 9, 2015, the Plaintiff entered into an agreement with the Defendant on the said gold-type processing (2.2 million won for the gold-type, 7.7 million won for the gold-type), and the Defendant, on August 13, 2015, processed the gold-type, and supplied the Plaintiff with the same on September 10, 2015, respectively. The Plaintiff paid 9.9 million won for the processed amount to the Defendant.

C. The plaintiff supplied the above gold-type to the Dispute Resolution Co., Ltd., but the Dispute Resolution Co., Ltd rejected the acceptance on the grounds of defects and notified the cancellation of the contract.

Accordingly, the plaintiff filed a claim for the purchase price of goods against the Li Government District Court 2016da8510, and the Li Government District Court 2016da8510 filed a counterclaim against the plaintiff (the above court 2016da103071) claiming damages.

(hereinafter referred to as “related litigation”) d.

On March 9, 2016, when the lawsuit was pending, the Defendant prepared and authenticated a performance letter to the Plaintiff stating that “the Plaintiff was notified by the Plaintiff of the Damond gold-type defect, and the Defendant’s obligation was caused by the defect, and if the Plaintiff’s damage claim is filed against the Plaintiff, the amount of the damage claim shall be jointly and severally liable with the Plaintiff.”

(hereinafter referred to as “instant agreement”). (e)

On November 23, 2016, the plaintiff's main claim was dismissed on November 23, 2016, and the decision was rendered to "the plaintiff shall pay to the Dispute Resolution Co., Ltd. 65 million won and damages for delay."