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(영문) 광주지방법원목포지원 2016.11.10 2016가단51673
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B, who was the head of the Plaintiff’s planning office, agreed with the Defendant’s employees C to purchase solid fuels produced by the Defendant (hereinafter “instant products”), and C, on December 5, 2014, sent e-mail to B a SRF supply contract stating “The delivery quantity of 2,00 tons, the contractual unit price of 60,000 won per ton, and the contractual unit price of 60,000 won, from December 5, 2014 to December 4, 2015.”

B. After confirming the above e-mail, B calls to C, and the Plaintiff sent to C a contract for the supply of SRF (me-mail) stating “The supply volume of the instant product 1,00 tons, the contractual unit price of 60,000 won per ton, the contractual unit price of 60,000 won per ton, and the contract period from December 5, 2014 to December 4, 2015” to B on December 5, 2014.

C. On December 9, 2014, the Defendant supplied the Plaintiff with the first volume of the instant product, with the seal affixed by the Defendant’s corporate seal to the Defendant’s corporate body through the carriage company, and issued two copies of the STRF supply contract stating “The delivery quantity is KRW 1,00 tons, the contractual unit price of KRW 60,000 per ton, and the contract period is from December 5, 2014 to December 4, 2015.”

On December 10, 2014, the Plaintiff reported the use of solid fuels to the Young-gun.

As described in the subsection, the SRF (e.g., sex) contract received by facsimile was submitted as a document attached thereto.

E. The Defendant asserted that the Plaintiff was supplied to the Plaintiff from December 9, 2014 to January 12, 2015. However, the Defendant asserted that the Plaintiff was supplied to the Plaintiff until January 31, 2015, and the witness C and B’s testimony are different, and the date of the final supply is not specified accurately.

By December 31, 2014, the Defendant supplied the 417.41 ton of the quantity allocated from the Korea Recycled Resources Distribution Support Center in the second half of 2014, and the Plaintiff issued the tax invoice as of December 31, 2014 for the said quantity.

F. From February 9, 2015 to July 2, 2015, the Plaintiff sent to the Defendant a certificate of the highest content that the Plaintiff supplied the remainder to the Defendant, but the Defendant did not supply the remainder.

[Ground of recognition] dispute.

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