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(영문) 서울북부지방법원 2017.06.23 2016나5519
손해배상
Text

1. The plaintiff's appeal and the plaintiff's claim added by this court are dismissed, respectively.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On December 4, 2014, the Plaintiff: (a) planned to complete the production of nufa 12,000 price to the Defendant in early January 2015; (b) supplied the original team and auxiliary materials in order from December 4, 2014 to December 25, 2014; and (c) produced nufa 1,265 sheet until December 25, 2014 (in 6 temperature thickness, 5,945,50 won total of 4,700 won per share of the cost of production; hereinafter “instant product”).

B. The Plaintiff’s commission of the processing work to the Defendant was an opportunity for B to take charge of the Defendant’s Belgium replacement work while lending the customs clearance cost for the imported domestic goods purchased from the Plaintiff to B. However, the Defendant had 3,180 copies, which were cleared for that work, on the Defendant’s factory, but the Defendant did not proceed after that work. Since December 2014, the production was suspended due to the Plaintiff’s reasons on the part of the Plaintiff.

Plaintiff

On February 13, 2015, the director C visited the Defendant’s factory to take over the instant goods. On the end, the Defendant demanded that the instant goods be entirely brought about, and at the end, the Defendant loaned KRW 3,00,000 to B as customs clearance expenses, and KRW 5,00,000,000, out of the production expenses of the instant goods, the Defendant paid to B on the day and delivered the Defendant. The instant goods will be paid the remainder of KRW 3,945,50 on March 15, 2015, and the Defendant would be paid the remainder of production expenses and take over the instant goods by paying KRW 3,945,50 on March 15, 2015.

C. On March 2015, the Plaintiff visited the Defendant’s factory three times in early 2015 and tried to examine the product.

The defendant brought about the payment to be settled by the prosecutor, and, if a defect is discovered, immediately after the site, the plaintiff is willing to pay it.

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