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(영문) 광주지방법원 2019.10.23 2018나5740
손해배상금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

(b) the facts of the basis;

A. The plaintiff is a juristic person that runs the material distribution business, and the defendant is a juristic person that runs the business of manufacturing and selling assembly-type panels.

B. The Defendant agreed to supply the Plaintiff with the panel written in the following written estimates for KRW 51,189,437 (including value-added tax) according to the contract for the supply of the assembly-type panel.

Articles 1-1-35 EPS panel roof 100T*1,340T*1,340*16 " 100T*10,140*2 " 100T*8,000*2 " 100T*7,602" 100T*5,480*14 " 100T*2,7802 4,215.44, 10,5004, 262,120 non-5, 205, 268, 205, 36, 40, 205, 265, 30, 250, 250, 36, 250, 250, 37, 3750, 4650, 3750, 370, 370, 50, 501, 340, 504, 501, 3044, 5,3444,

C. On August 9, 2017 to August 10, 2017, the Defendant set up the said teams on the 20 feet container 1 and 40 feet container 12.

On August 14, 2017, the Plaintiff loaded 13 containers on the said container and supplied the said board to Vietnam importer C.

E. On May 27, 2018, the said Vietnam importer sent a notice to the Plaintiff stating that “The Plaintiff sought compensation for damages of KRW 5,222,92,742,741, total amount of KRW 5,222,92, and KRW 9,662,741, which occurred due to the failure of the construction company to receive damages from the defective panel supplied by the construction company” (the Defendant stated as the reference), and the “the list of requests for refund” attached to the said notice is written as follows.

The fact that there is no dispute over 1,808,732 domestic transportation, maritime fares, additional customs clearance costs, 1,436,776 total sum of 4,493,749 / [based on recognition].

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