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(영문) 서울중앙지방법원 2021.01.29 2019나26723
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The plaintiff's judgment of the first instance court is ".."

Reasons

(b) sell content, tent, camping goods, etc. in the trade name of F;

B. On May 29, 2017, the Plaintiff entered into a contract with the Defendant for the supply of KRW 128,250,00 (the payment of KRW 25,650,00 upon entering into a contract, the intermediate payment of KRW 38,475,00 on June 5, 2017, and the balance of KRW 64,125,00 before delivery after the completion of the production, and the delivery date on June 30, 2017, by determining the supply of KRW 450 (H, I, and J) as the place of delivery (hereinafter “instant contract”).

(c)

From May 26, 2017 to June 17, 2017, the Plaintiff paid KRW 68,825,500 to the Defendant in total as down payment, intermediate payment, and other expenses.

(d)

In the work order written by the Defendant, prepared and supplied by the Defendant to the Plaintiff at the time of the instant contract, is written as follows: “The content size (* in width) of the content to be produced and supplied by the Defendant to the Plaintiff: 260cm *250cm *160cm *160cm : 420cm (former office 70cm) *170cm *170cm : Already 13m outside 16m” (hereinafter referred to as “the initial standard in this case”).

E. On June 10, 2017, the Defendant visited Vietnam’s factory that was manufactured in Tex. At that place, he became aware that the 11st inventory does not exceed the 11stm size.

F. On June 13, 2017, the Defendant presented its sampling to the Plaintiff. The Defendant differs from the work order with the content content, namely, ten thousand square meters in width 260cm *280cm *153cm *153cm in external flass 510cm *260cm *170cm in electric room 153cm (hereinafter the above size was referred to as “instant correction specifications”).

G. On June 13, 2017, the Plaintiff demanded the Defendant to deliver the product in accordance with the original specification of this case on the day of June 13, 2017, and the Defendant respondeded to legal resolution if it is impossible to do so.

In doing so, the Plaintiff’s amendment to the instant case to the Defendant on June 14, 2017, which is next day.

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