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(영문) 의정부지방법원 2015.08.18 2013가단45112
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) KRW 27,502,270 and all of them shall be repaid from February 10, 2015.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur engaged in the textile manufacturing business, etc. that processes and supplies fibers, etc. in Korea and abroad, and the Defendant is a legal entity engaged in the textile processing business, textile salting business, etc.

B. From October 2012 to May 2013, the Plaintiff and the Defendant continuously purchased land from third enterprises, such as C (the trade name of an individual entrepreneur is “D; hereinafter “D”) and requested the Defendant to process it, the Defendant continued the transaction (hereinafter “instant transaction”) of supplying showing, cutting, and chromaned originals to the Plaintiff when the Plaintiff purchased land from third enterprises, such as C (the trade name is “D; hereinafter “D”).

[Ground for Recognition: Facts without dispute, entries in Gap evidence Nos. 1, 2, 3, and 6 (Evidence No. 1, 2, 3, and 6) and the purport of the whole pleadings]

2. As to the main claim

A. On April 2013, the Plaintiff’s assertion 1 as to Section 68 of the [Attachment 1] of the birth area as indicated in the separate sheet No. 1 (hereinafter “the first production area”) requested the Defendant to send the first production area to the Defendant around April 2013. However, there is a processed defect that can be found in the original part of the Defendant’s processing. As such, the Plaintiff primarily cancelled the contract on the transaction of the first production area and sought payment of KRW 8,827,76, which is the value of the first production area as damages, and sought reimbursement of KRW 8,827,76, which is the first production area. In addition, even if the above defects are not acknowledged, the Plaintiff sought the return of the first production area based on the ownership, or there is no dispute between the parties or the entire arguments as to the evidence Nos. 1 and 2, and requested the Defendant to purchase the above War area No. 50DVVVVT 2371 and 237.

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