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(영문) 대구지방법원포항지원 2019.08.13 2018가단106409
손해배상(기)
Text

1. The Defendant: 6% per annum from February 10, 2018 to July 10, 2019, and July 11, 2019, to the Plaintiff.

Reasons

1. From September 20, 2017 to February 9, 2018, the Plaintiff was supplied with the Defendant with a total of 1,177,020 km (class 430) and paid the price in full. The Plaintiff sold 305,140 g and 318,133 g to C Co., Ltd. and kept the remaining 553,747 gg.

The plaintiff found that the above scrap metal contains foreign substances in color, and then removed foreign substances as a result of dismantling several scrap metal and weighing them, about 15% of total weight.

The costs of removing foreign substances of scrap metal kept by the Plaintiff are KRW 5.6 million (including an article oil shop) and KRW 7.144,00,000,000,000,000,000 for daily workers, and KRW 1.544,00,000.

The Plaintiff’s unit price for selling the scrap metal to C Co., Ltd. around March 2018 is 585 won/km, and the unit price for the said scrap metal around June 2019 is 450 won/km.

[Ground] Facts without dispute, Gap evidence Nos. 1-14 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. In full view of the existence of liability for damages and the fact that the Plaintiff concluded an export contract for scrap metal kept in custody on May 2018 and discovered that foreign substances were included, and then cancelled (Evidence A No. 4), the Defendant is liable to compensate the Plaintiff for damages equivalent to the performance profit pursuant to Article 581(1) of the Civil Act.

B. 1) The extent of liability for damages caused by shortage of quantity is as follows: (a) the fact that the part in which quantity is insufficient due to foreign substances is 75,000 kg for the convenience of calculating the amount of damage compensation for the scrap metal kept by the Plaintiff; (b) the sales price of which is 5,000 g for the scrap metal immediately before the Plaintiff entered into an export contract is 5,000 g for the purpose of calculating the amount of damage compensation; and (c) as seen earlier, the sales price of which is 585 g for the scrap metal kept by the Plaintiff on March 2018; and (d) the Defendant is liable to pay to the Plaintiff KRW 75,00 g for the removal of foreign substances among the scrap metal kept by the Plaintiff on or around March 2018 x 585 gg for the sale price of foreign substances x the sale price of the scrap metal kept by the Defendant on or around March 2018.

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