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(영문) 서울남부지방법원 2020.09.10 2019나67720
물품대금
Text

The plaintiff's appeal and the preliminary claim added in the trial are all dismissed.

costs of lawsuit after an appeal are filed.

Reasons

1. As a result of examining the plaintiff's grounds for appeal citing the judgment of the court of first instance and the evidence submitted by the parties, the court's explanation on this case is based on the reasoning of the judgment of the court of first instance as "decision on the plaintiff's grounds for appeal" in the second 9th of the judgment of the court of first instance, and the "decision on the plaintiff's grounds for appeal" in the second 9th of the judgment as "decision on the plaintiff's grounds for appeal" and the reasoning of the judgment of the court of first instance is as stated in the judgment of the court of first instance, except for the addition

2. Determination on the conjunctive claim

A. The plaintiff's assertion that the defendant granted the plaintiff the trust that the defendant will purchase several months of monthly values as ordered by the defendant's oral order, and the plaintiff purchased 260,00 parts and completed preparation to supply them to the defendant.

However, the Defendant purchased only 28,500 parts among them, and notified the Plaintiff that he would no longer purchase the parts of this case without any reason on October 2018, and unjustly reversed the negotiation of the contract on 232,50 parts of this case.

As to the above tort, the Defendant is obligated to compensate for the expenses incurred by the Plaintiff for the 42,190,650 won (i.e., purchase cost of 260,00 parts 46,779,150 won-161 won transaction price of April 9, 2018 x 28,500) that the contract is believed to be effective and that the contract would have been concluded.

B. In full view of the facts without dispute, Gap evidence Nos. 1, 3, 4, and 13 (including paper numbers) and the overall purport of the pleadings, the following facts are as follows: ① the parts of the instant case are products requiring about about about 24 weeks to manufacture and supply them after the order; ② the Defendant’s purchase manager, around October 2017, delivered to the Plaintiff that he would purchase 20,000 or 30,000 items monthly from April 2018 to January 20, the Defendant purchased the instant parts.

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