(영문) 대전지방법원 2016.08.25 2015가단202091

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(영문) 대전지방법원 2016.08.25 2015가단202091

손해배상(기)

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1. The Defendant’s KRW 11,740,00 for the Plaintiff and KRW 6% per annum from July 3, 2015 to August 25, 2016.

Reasons

1. The parties' assertion

A. On June 5, 2014, the Defendant: (a) leased approximately 180 Plaintiff’s punishment copies from the Plaintiff (hereinafter “instant punishment contract”); (b) paid KRW 20 million in return for the lease; and (c) paid KRW 160,000 in return for the completion of the instant punishment contract.

In addition, during the period of the punishment contract of this case, the plaintiff purchased 147 copies to the defendant, but the defendant decided to return 300 copies upon the completion of the punishment contract of this case.

Then, the Plaintiff and the Defendant agreed to return only 300 won of the penalty without receiving any rent when concluding the instant penal contract, and the Defendant returned the 1.4 million won of the penalty calculated as 1,40,000 won in one copy, since the Plaintiff and the Defendant did not receive any rent, etc.

The defendant shall sell the plaintiff's 6 drum (20-2.3 million won per 1 drum) and did not pay the price to the plaintiff. Thus, the defendant shall pay the price of KRW 12.3 million.

B. At the time of the Defendant’s assertion, the Plaintiff supplied and supplied sugars, etc. necessary for the production of bees and bees, etc., and the Plaintiff did not perform this, thereby purchasing approximately KRW 11.3 million of the price for the sale of the Plaintiff’s altered bees, and managing the bees, and producing the bees.

In the meantime, the Plaintiff and the Defendant agreed to transfer 247 copies to the Plaintiff while terminating the instant punishment contract, and thereafter, it was transferred after examining 247 copies returned by the Defendant from September 19, 2015 to September 22, 2015.

2. Determination

A. It is not practically possible to return the same thing as the punishment in return of the same thing in relation to the return of the punishment. Therefore, if the transferee has taken over the punishment without any special objection, it shall be deemed that the return was actually effective.

The plaintiff and the defendant are witnesses.

유사 판례

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