(영문) 서울서부지방법원 2014.05.30 2013가단43744

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(영문) 서울서부지방법원 2014.05.30 2013가단43744

손해배상

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 2, and 3, evidence No. 4-1, 2, 3, and evidence No. 1.

The plaintiff is a company whose purpose is to sell and install kitchen supplies, and the defendant is a company that imports and sells beer machinery, etc.

B. On June 15, 2013, the Plaintiff entered into a contract with A with the main office of KRW 117,00,000,000, with the main office of KRW 117,000,00 by August 5, 2013.

C. Around that time, the Plaintiff requested the Defendant to supply four (4) be supplied with beer machinery for the purpose of installation in the main room of the above main station, and the Defendant submitted a written estimate containing the purport that four (16),00,000 won can be supplied to the Plaintiff.

At the time of the submission of the above written estimate, the Defendant added to the said written estimate, “The aggregate amount of additional tax is KRW 17,600,000,000, 30% of the advance payment ( KRW 5,280,000) and added to KRW 70% of the balance before the delivery of the product ( KRW 12,320,000).”

E. On July 9, 2013, the Plaintiff remitted KRW 4,800,00 to the Defendant, but thereafter, the Defendant did not supply the beer machinery to the Plaintiff. On August 5, 2013, the Plaintiff purchased the beer machinery directly from a Japanese company to KRW 23,898,000 (the amount including remittance fee of KRW 33,000) and installed it at the beer of the said main shop.

2. The Plaintiff’s assertion is based on the grounds of the instant claim, as follows. A.

The Plaintiff entered into a contract with the Defendant for the supply of beer machinery by transferring KRW 4,800,000 to the Defendant on July 9, 2013, on the following grounds: (a) around the time of the submission of the said quotation, the Defendant is capable of supplying beer machinery until the end of July 2013; and (b) accordingly, (c) signed a contract for the supply of beer

B. Nevertheless, the Plaintiff did not supply beer machinery within the delivery period agreed by the Defendant, and the Plaintiff did not purchase it from the Defendant.

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