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(영문) 대구지방법원 2013.10.29 2013가단18995
손해배상(기)
Text

1. The Defendant’s KRW 32,391,225 as well as the Plaintiff’s annual rate from April 24, 2013 to October 29, 2013.

Reasons

1. Facts recognized;

A. The Plaintiff entered into a spring water supply contract between the Defendant and the contract period from May 1, 2006 to April 31, 2009, and from April 30, 2009 to April 31, 201, the term of the contract was from May 1, 2009 to April 31, 2012.

B. Each of the above spring water supply contracts includes the following agreements with respect to water-supply equipment:

(However, the contract entered into in 2006 is stipulated to be repaid at the price described in subparagraph (a) without distinction between the following subparagraphs (2) and (b). Article 6 (Supply Items, Management, Return) ① The Plaintiff supplied the Defendant with the Plaintiff’s containers, transportation boxes, and air conditioners, and the Defendant, with the duty of due care as a good manager, manages and preserve public bottles, plastic boxes, sales boxes, and air conditioners supplied by the Plaintiff, and the Defendant shall recover the entire amount and return them to the Plaintiff.

(2) When the defendant fails to return the distribution process due to damage, loss, etc., he/she shall repay it to the plaintiff at the following prices:

(including each value-added tax).

18.9litres: 6,050 won per disease for containers for transport purposes, 3,00 won per unit, 40,700 won per unit, per cold and hot water unit, and the amount under a separate agreement for lease of cold and hot water unit shall be paid to the Plaintiff.

Provided, That the price may be changed according to the market price at the time of purchase.

B. 13 liter products: 4,00 won per unit for containers; 2,800 won per unit for carriers; 40,700 won per unit for air conditioners; and 40,700 won per unit for air conditioners; and the amount under a separate agreement for lease of air conditioners shall be paid to the Plaintiff.

C. In addition, on May 31, 2006, the Plaintiff concluded an agreement for free lending of air conditioners, including the following, while lending 50 air conditioners to the Defendant without compensation, and thereafter, concluded the same agreement with the same content (However, the price per unit is changed between KRW 113,00-124,000 to KRW 124,00) whenever the air conditioners are leased without compensation.

Article 2 (Free Loan Details)

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