logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원목포지원 2017.10.12 2017가단50097
손해배상(기)
Text

1. The Defendant’s KRW 1,110,00 and the Plaintiff’s 5% per annum from January 19, 2017 to October 12, 2017.

Reasons

1. Basic facts

A. The Defendant is a person who operates a shower selling business with the trade name “C” in Ansan-si, Dong-si.

B. Around the end of February 2014, the Defendant purchased the instant showers (hereinafter “the instant showers”) from the Republic of Korea, and on February 6, 2015, the Plaintiff (the trade name before the change was referred to as “the Eth Industry Development of the Company”) decided to sell the instant showers at KRW 315 million (hereinafter “the instant sales”).

At the time of the sale of this case, the Defendant specified that the Defendant included 1680CC 1 as well as 1300CSH 2 as indicated in the attached list of the instant showers in the Plaintiff. In fact, the instant showers included 1300CSH (hereinafter “130CSH”) as 2, not Contacs 1300CSH (hereinafter “130CSH”) but 1300CC 2.

C. After the sale of the instant case, the Defendant delivered the instant showers to the Plaintiff’s factory located in the Namnam-gun, as the present situation. On February 7, 2015, the Plaintiff entered into a contract with E to install the instant showers on the said factory.

E completed the establishment of the instant shower sets before March 30, 2015, and was under trial operation on April 12, 2015.

The Plaintiff was aware of the fact that the aggregate for ready-mixed was included in 130CH 2 price, not 1300CH 2 price, in the instant shower box around July, 2015, while producing ready-mixed aggregate using the shower box of this case, and then, the Defendant agreed to supply the Defendant with the co-fishery parts that can changeCC to CRH to the Plaintiff.

On July 24, 2015, the Defendant sold the above co-fishery parts to the Plaintiff at KRW 8.8 million (including value-added tax), and the Plaintiff transported the above co-fishery parts to the Plaintiff’s factory.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, witness F's testimony, purport of whole pleadings

2. The Defendant is liable to compensate the Plaintiff for damages according to the instant sales contract, 1300CSH 2.

arrow