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(영문) 수원지방법원여주지원 2016.05.19 2014가단12708
손해배상(기)
Text

1. As to KRW 29,495,935 and KRW 27,837,172 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 29,495,935 and KRW 858,984 from December 26, 2014.

Reasons

1. Determination as to the cause of claim

(a) Basic facts;

A. The plaintiff is a person who operates trade business in the trade name B, and the defendant is a company that manufactures and sells food, such as a liver drawing.

B. On July 29, 2014, the Plaintiff and the Defendant: (a) requested the Plaintiff to make a manufacture in Vietnam; and (b) entered into a contract with the Defendant to purchase cattle using bamboo trees, on the basis of oral and Kakakao Stockholm, on the basis of the agreement that the Defendant would purchase.

At the time of the contract, the Plaintiff agreed to supply the Defendant with the total of KRW 23,100,000 (including value added tax) in total of KRW 7 million per dog 150m in length and KRW 6.4m in total of KRW 14,080,000 (including value added tax) in total of KRW 6.4m per dog 135m.

C. The Plaintiff: (a) requested the manufacture in Vietnam to produce 150 meters of 150 meters of salvine; (b) manufactured a dog with a length of 2 million 135 meters of 135 meters; and (c) imported salvines at Pyeongtaek-si port on October 27, 2014; and (d) imported salvines.

On the other hand, on September 28, 2014, the Defendant sold a live factory to Nonparty 1 Co., Ltd. (hereinafter “Nonindicted Company”) that was trying to produce a product using the satch.

On October 15, 2014, the Defendant notified the Plaintiff of this fact, and recommended the non-party company to sell the bamboos to the non-party company, which will purchase the bamboos. The Defendant refused to receive the bamboos.

E. The Plaintiff sold 800,000 dogs of cattle with a length of 150 meters, and 500,000 dogs with a length of 135 meters to the above non-party company.

F. The Plaintiff is currently in custody by requesting the storage of 2.2 million and 1.5m m. 1.5m of cattle to the Defendant without delivering the 150ms of cattle remaining after the sale as above to the Defendant. Transportation expenses up to the storage warehouse include 1.10,00 won, and storage expenses including storage work expenses. 337,172 won from November 1, 2014, and 858,984 won from December 1, 2014 to August 31, 2015; and 1.558,984 won from September 1, 2015.

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