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(영문) 인천지방법원부천지원 2016.02.04 2015가단1880
물품대금
Text

1. The Defendant’s KRW 42,370,00 for the Plaintiff and KRW 20% per annum from January 3, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who produces and supplies gold, etc. under the trade name of “C,” and the Defendant is an individual entrepreneur who engages in the business of golding, withdrawal, etc. with the trade name of “D.”

B. On August 2014, the Plaintiff entered into a contract with the Defendant to manufacture and deliver Class 8 gold-type 8 for the use of Handphone cases with the amount of KRW 62,370,000,000.

(hereinafter “instant delivery contract” and “the instant gold model”). C.

The defendant provided the production drawing to the plaintiff, and the plaintiff produced the gold paper in accordance with the above production drawing and produced the gold paper in accordance with the same year.

9. The Defendant was supplied from the end to the beginning of October.

C. Around October 6, 2014, the Defendant requested the Plaintiff to revise the foregoing gold punishment, and the Defendant supplied the revised gold punishment to the Defendant by performing the work of revising the gold punishment. Around November 14, 2014, the Defendant requested the Plaintiff to revise the penalty again, and the Plaintiff completed the revised work and supplied the revised gold punishment to the Defendant.

On September 20, 2014, the Defendant paid KRW 20,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 42,370,000 for the goods under the supply contract of this case and delay damages therefrom, barring special circumstances.

B. The Plaintiff’s gold delivery date under the instant supply contract by the Defendant’s assertion and determination 1 was September 27, 2014 and October 7, 2014, but the Plaintiff supplied around September 30, 2014, and around October 7, 2014.

Due to the delay in the delivery of the plaintiff, the defendant suffered damages equivalent to KRW 15,000,000 due to the failure to timely deliver mobile phone cases to the customer, and the defendant's corporate image was lost.

The defendant is sentenced to the penalty against the plaintiff.

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