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(영문) 대전지방법원천안지원 2016.11.30 2016가단101170
손해배상(기)
Text

1. The Defendant’s KRW 49,255,850 as well as the Plaintiff’s annual rate of KRW 5% from February 18, 2016 to November 30, 2016.

Reasons

1. Facts of recognition;

가. 원고는 2011. 5.경 피고로부터 프리모 블랙 팬텀 블랙박스(이하 ‘이 사건 블랙박스’라 한다)를 공급받기로 하는 계약을 체결하였다.

B. From April 2, 2012 to July 18, 2012, the Defendant supplied 309,675,300 won to the Plaintiff.

From May 25, 2011 to July 18, 2012, the Plaintiff paid KRW 290,400,000 to the Defendant as the price for goods.

C. The Plaintiff returned part of the instant black boxes to the Defendant from April 2012 to November 2013.

From April 24, 2012 to October 23, 2012, the Defendant re-supplyed 336 of the instant black boxes worth KRW 55,018,000.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 2, and 4 (including each number), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion occurred due to the defect in the instant black box, and returned 745 won to the Defendant from April 16, 2012 to November 20, 2013, a total of 123,823,600 won, and eventually, the value of the black box that the Defendant normally supplied is KRW 185,851,70 (= KRW 309,675,300 – KRW 123,823,600).

Therefore, the Defendant is obligated to pay the Plaintiff the remainder of KRW 104,548,300 after deducting the amount of KRW 185,851,70 from the amount of KRW 290,400,00 as compensation for damages and damages for delay.

B. The Defendant’s assertion was returned to the Defendant, 698 black boxes.

Plaintiff

No 23 of October 18, 2012, 10 of November 22, 2012, 20, 4 of February 25, 2013, and 10 of April 6, 2013, 47 of 15 of the allegations were returned.

Ultimately, the value of the black boxes returned by the Plaintiff is KRW 115,457,600, which is the 698 price, except the said 47 portion (total KRW 8,366,000).

Although the instant black boxes, which the Defendant supplied to the Plaintiff, included a total amount of Saglass, such as merglass, outer merglass, cables, etc., the Plaintiff did so to the Defendant.

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