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(영문) 서울중앙지방법원 2014.09.26 2013나49151
위약금등
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed, including the part extended in the trial.

3...

Reasons

1. The allegations and judgment of the parties

A. The gist of the Plaintiff’s assertion was from around 1995 to August 25, 2005 that the Plaintiff was engaged in the sales and publicity of raw water as the Defendant’s agent, but the Defendant distributed defective raw water, unilaterally suspended the shipment of products, thereby causing damage to the termination of the contract from the customer.

In addition, the plaintiff returned 1,600 raw water containers and 432 boxes to the defendant, but did not receive the deposit.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 8,600,000 (1,600 x 5,000 per dog) and interest thereon KRW 3,200,00,00 for the container for the container for the container for the container for the container for the container for the container for the container for the use of the container for the use of the container for the use of the defective water and the return of the container for the use of the container for the use of the defective water. KRW 5,00,000 for the transport of the container for the use of the defective water, KRW 24,00,000 for the business bond for the use of the Defendant, KRW 44,50,000 for the interest of KRW 5,00 for the 18 year interest for the 5,00,000,000 for the purchase of the container for the use

B. Comprehensively taking account of the overall purport of the statements and arguments in Eul evidence Nos. 1-2, Eul evidence No. 1-2 and Eul evidence No. 2, the plaintiff entered into an agency agreement with the defendant around October 20, 1995, paid KRW 5,000,00 with business bonds, and then sold it after being supplied with raw water, etc. from the defendant. The defendant supplied the plaintiff with raw water by June 30, 2005 and recovered raw water containers by August 25, 2005, and then collected the raw water container by August 26, 2013, the fact that the remaining 1,445,000 won calculated by subtracting the unclaimed raw water container cost from the business bonds of April 26, 2013 to the amount of KRW 3,55,000,000, and the unpaid amount of KRW 2,402,439,379,439.

However, it is not sufficient to acknowledge the fact that the Plaintiff entered 1,600 raw water containers to the Defendant only with the descriptions of Gap evidence Nos. 1 and 4, and there is no other evidence to acknowledge this. Thus, this part of the plaintiff's assertion is without merit without examining it.

The plaintiff entered into a contract with lives Co., Ltd. and live together at its branch.

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