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(영문) 수원지방법원 안산지원 2018.08.29 2016가단9537
손해배상
Text

1. The Plaintiff (Counterclaim Defendant) is to pay KRW 10,297,650 to the Defendant (Counterclaim Plaintiff) and to the day of full payment from June 14, 2016.

Reasons

1. 사실관계 [인정근거] 다툼 없는 사실, 갑 1호증, 을 1∽5, 7, 8호증(가지번호 포함)의 각 기재 또는 영상, 변론 전체의 취지 ① 피고는 2015. 9. 10. 원고로부터 MONIQUE(베네치아) B/O(Boiling Off, 염색 전 단계의 정련작업) 원단(Polyester/Span 편직물) 10,000야드를 주문받았다.

(2) The Defendant shall make the place of production of the ordered Benesia, send it to the Dispute Resolution Co., Ltd., remove contaminated substances attached to the place of production, remove the unnet and polluted substances by removing the place of production completed the pre-treatment work to adjust the width and length of the original group or by adding medicine in accordance with the Standards, and put them back a tag, and then put them into a state suitable for the processing, such as salt color, through a process to adjust the width and length of the original group in accordance with the Standards, and then put them into a state suitable for the original process, such produced original parts into B/O original parts and the process before the original process, such as refining or salting.

AB made it.

③ After completing the pre-treatment process, B/O was sent back to D Company, D Company was released to E, which is a salt company designated by the Plaintiff, after completing the pre-treatment process on whether or not defects such as the specifications and contamination of the original group were defective.

The Plaintiff, via E, processed salt to B/O originals supplied by the Defendant. After completing salt work, on October 1, 2015, the Plaintiff sent to the Defendant a written notice stating that “The shipment will be reviewed due to the lack of the condition of the original unit,” and then sent a document stating a defective report following the due date. The content of the document was defective, such as the main tag, ice, and glag, and the quantity was 27 Section 1,211 meters.

① The Plaintiff sent part of the raw part of the raw materials that he completed salt work to her, and exported the remainder to a foreign country.

② The Plaintiff did not pay 10,297,650 won for goods to the Defendant.

2. Determination on the main claim

A. The plaintiff alleged by the party: using the original group supplied by the defendant.

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