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(영문) 수원지방법원안양지원 2020.11.06 2020가단101049
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company with the business purpose of manufacturing and selling furniture, and Defendant B (hereinafter “Defendant Company”) is a company with the business purpose of manufacturing and selling electrical appliances for household use, and Defendant C is an internal director of the Defendant Company.

B. The Defendant Company received an order from the Plaintiff on three occasions, and supplied hot spring part, etc. from July 18, 2017.

C. The Defendant Company filed a lawsuit against the Plaintiff on the payment of the price of the goods, asserting that “The Defendant Company would pay the Plaintiff the price of the goods, among the supply price of the third order goods, the amount of KRW 23,424,620 already issued by the Defendant Company,” and received a favorable judgment from the said court on August 8, 2018, by asserting that “The Defendant Company intended to supply the third order goods after completing the manufacture of the third order goods, but the Plaintiff delayed this.”

Accordingly, the Plaintiff filed an appeal and counterclaim with Suwon District Court No. 2018Na79070 (principal lawsuit) and Suwon District Court No. 2019Na2909 (Counterclaim). The Defendant Company also dismissed the Plaintiff’s claim against the Defendant Company for the payment of 34,350,000 won per annum from the date of the third ordered goods of which the tax invoice was not issued (hereinafter “the Plaintiff”) among the third ordered goods produced by the Defendant Company. The appellate court accepted the Defendant Company’s claim and incidental appeal on May 31, 2019. The Plaintiff also rejected the Plaintiff’s claim against the Defendant Company for the payment of 42,374,268 won as well as the annual interest rate of 5% from January 5, 2018 to May 31, 2019.

E. The plaintiff is a judgment of the above appellate court.

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