(영문) 서울중앙지방법원 2015.03.25 2014가합534799

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(영문) 서울중앙지방법원 2015.03.25 2014가합534799

손해배상

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On December 9, 2013, the Plaintiff entered into a contract with the Defendant to supply the water meter’s 15,920 won per unit (hereinafter “instant supply contract”) and had previously been supplied KRW 4,770 on December 13, 2013 from A with the total right to purchase the same wave preventioner’s 10,50 won per unit.

B. The Defendant: (a) supplied only 33 persons with the same wave preventioner from the Plaintiff; (b) agreed to be supplied with at least 20,000 persons until 45 days after the date of conclusion of the instant supply contract; and (c) filed the instant lawsuit against the Defendant on May 22, 2014 by asserting that the instant supply contract was terminated in violation of the agreement; (b) against the Defendant, the Plaintiff filed a lawsuit against the Defendant on May 22, 2014 to seek payment of the remainder of 4,737 goods, excluding the remainder of 4,777 goods, and the remainder of 20,000 goods, excluding the above 4,770 sales proceeds, and other expenses that the Plaintiff agreed to be supplied.

(B) On December 2, 2014, the purport of the claim was amended to seek the payment of sales proceeds even in the above 4,737 cases.

On September 17, 2014, the Plaintiff and the Defendant did not have any agreement on guaranteeing the quantity stipulated in the instant supply contract. <2> The Defendant concluded a contract with the Plaintiff to withdraw the matters legally underway in relation to the instant supply contract (hereinafter “instant modified contract”) by using the advertising image in which the Defendant had already taken up 4,770 players secured by the Plaintiff and sold them in good faith (Provided, That quantity is not guaranteed), ③ the unit cost of the supply of goods shall be KRW 13,200 per unit, and KRW 9,900 per unit after 5,000, and ④ the supply contract of the instant case shall be withdrawn (hereinafter “instant modified contract”).

[Ground of Recognition] Unsatisfy, Gap's statements in Gap's 1, 3, 4, 12, witness Eul's testimony

2. Determination

(a) the parties to the lawsuit withdraw the lawsuit outside of the lawsuit.

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