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(영문) 부산지방법원 2016.01.27 2015가합42349
손해배상(기)
Text

1. The Defendant’s KRW 893,880,687 as well as 5% per annum from March 31, 2015 to January 27, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company that manufactures and sells fire extinguishing systems for ships, ballast water treatment systems, high-pressure gas containers, plants, etc. on April 13, 2012 (hereinafter “B”).

B) On September 22, 2012, the Plaintiff entered into a contract on the supply of goods between Fire Equi Management (Fire Equi Management 29,839,522 Won Flore Equi Management 515,497,401 Won 93,863,341 Won) with respect to “Flore Equi Management” and entered into a contract on the supply of goods on May 18, 2012 with B on May 21, 2012, the Plaintiff entered into the said contract on the supply of goods (i.e., 1,278,508,527, 208, 297, 207, 2017, 207, 207, 207, 207, 97, 207, 97, 201, 207, 97, 207, 97, 97, 2012.

3) Around that time, the Plaintiff entered into a contract for the supply of goods with B on September 2, 2012 with regard to “MR1” (hereinafter referred to as “instant contract for the supply of goods”) by setting a contract amount of KRW 1,592,237,208 and September 22, 2012 with B (hereinafter referred to as “instant contract for the supply of goods”). The subject matter of the instant contract for the supply of goods is a fire extinguishing facility consisting of each of the above goods. The total contract amount is KRW 3.50 million.

4) After the conclusion of the instant supply contract, B was merged with the Defendant and the Defendant succeeded to the rights and obligations relating to the instant supply contract.

(hereinafter referred to as the “Defendant”). B. The other party to the instant supply contract

The Plaintiff’s fulfillment of the Plaintiff’s duty and the Defendant’s refusal to receive the goods supplied to the Defendant under the instant supply contract, but the Defendant refused to receive the goods equivalent to KRW 893,80,687 (hereinafter “instant inventory goods”) as indicated in the following table, and is currently in custody of the Plaintiff.

[Ground of recognition] Unsatisfy, A(1) through (3)

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