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(영문) 인천지방법원 2020.07.16 2019나2971
물품대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is a business operator running a timber household manufacturing business, etc. under the trade name of “D” with joint business operators C.

(The plaintiff and C collectively referred to as "the plaintiff, etc."). The defendant is a business operator who engages in the manufacture, wholesale, retail, etc. of furniture with the trade name "E".

B. The Plaintiff et al. and the Defendant concluded a contract with the Plaintiff et al. to deliver the following goods to the Defendant:

1) The first contract ( August 11, 2016): the supply, by no later than March 9, 2017, of KRW 526,526, and the total sum of KRW 20,300,000,000 for the funerals to be used in the central branch of the FIS and G G, and KRW 39,300,000,000 for the forest unit by no later than January 30, 2017: the supply by no later than March 9, 2017.

C. On February 18, 2017, the Plaintiff et al. supplied 240 funerals and climbs to be used in G G, but manufactured the presence fees into other products than North America lepik, and failed to supply the funerals and climbs to be used in this Party, and products under the second contract were not manufactured.

Plaintiff

On March 10, 2017, when it was impossible to perform the obligations under the above-mentioned 1 and 2 contracts, etc., the Defendant cancelled each of the above contracts and agreed with the Defendant to compensate for damages to the Defendant.

Plaintiff

On August 4, 2017, the Defendant drafted a written agreement (hereinafter “instant agreement”) stating the following contents:

At the time, H representing the plaintiff et al. and the mother of the defendant representing the defendant I prepared the above agreement.

Agreements D shall be made able to use gold bars jointly developed with E.

G All rights shall be vested in E for those who have been supplied before their gender.

The sum of product value and lease costs shall be 50 million won or less within 2 months.

E. On September 23, 2017, and December 14, 2017, the Defendant paid a total of KRW 20 million to the Plaintiff twice on two occasions.

F. I, from around 2015 to around 2018, J Maon Mono 2.0 vehicles that entered into a car lease agreement in the name of C.

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