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(영문) 서울동부지방법원 2015.01.21 2012가단42377
손해배상금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 19,933,900 with full payment from October 13, 2012.

Reasons

1. Basic facts

가. ‘D’이라는 상호로 전사인쇄업을 운영하는 피고들은 2011. 5. 7.경부터 ‘E’을 운영하는 원고의 주문에 따라 ‘HAZZYS-SPORT' 등의 문자나 물방울 모양 등의 문양을 인쇄한 전사지(decal paper, 轉寫紙)를 제작하여 원고에게 납품하였고, 원고는 LG패션의 유통업체인 ’주식회사 벽공물산‘, ’주식회사 유니트플러스‘, ’주식회사 상영‘ 등의 주문에 따라 피고들로부터 납품받은 전사지 중 일부를 위 유통업체들의 의류원단에 전사하는 작업을 하여 납품하였다.

B. Until December 28, 2011, the Plaintiff received a total of KRW 54,079,500 from the Defendants and paid a part of the amount, and the unpaid amount is KRW 19,93,900.

[Ground of recognition] The fact that there is no dispute, Gap 2, 4, 5, 6, Eul 1, 2, and 1, and 2 (including branch numbers), and the purport of the whole pleadings.

2. According to the above facts finding as to the Defendants’ counterclaims, the Plaintiff is obligated to pay the Defendants the unpaid amount of KRW 19,933,900, and the damages for delay calculated at the rate of 20% per annum from October 13, 2012 to the day following the delivery date of the instant counterclaims to the day of complete payment.

As to this, the Plaintiff asserted that the Defendants could not respond to the Defendants’ counterclaims, since there is a defect in the type of the goods supplied by the Defendants to the Plaintiff, but there is no evidence to acknowledge that there is a defect in the type of goods supplied by the Defendants.

3. Judgment on the plaintiff's main claim

A. The Plaintiff’s assertion that the Defendants were supplied to the Plaintiff from October 28, 201 to December 28, 201 of the same year (hereinafter referred to as “the first battle”) was a product that had a defect in printing parts and the display level was lowered when the Defendants were killed in the clothing board. Accordingly, the Plaintiff’s assertion was 36.

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