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(영문) 대구지방법원 2015.02.13 2013가단35044
손해배상(기)
Text

1. The Defendant’s KRW 15,34,00 for the Plaintiff and KRW 5% per annum from August 7, 2013 to February 13, 2015.

Reasons

1. Occurrence of liability for damages;

(a) The facts subsequent to the facts of recognition may be found in each entry of Gap evidence 1 to 13 (including branch numbers for those with serial numbers) by integrating the purpose of the entire pleadings.

(1) The Plaintiff is a company that is engaged in the manufacture, wholesale, etc. of protective equipment, hazardous materials defense appliances, bombs, protective clothes, etc., and the Defendant is a person who engages in wholesale and retail business of office equipment, computer appliances, etc. with the trade name B.

(2) On November 201, the Defendant participated in the 7135 Army (Demand Group, etc.) tender, and was awarded a successful bid for the supply of the said materials to KRW 31,106,00 (including value-added tax). On January 30, 2012, the Defendant entered into a contract for the supply of goods to supply 11 kinds of counterterrorism materials, such as the foregoing military unit, new bombs, and counter-terrorism hedges, by February 29, 2012 (hereinafter “instant first contract”).

According to the special purchase conditions added at the time of the above bidding, all of the above goods are required to be supplied as imported goods, and in particular, carbon uniforms were the condition of delivery of MC-CRAS products manufactured in the United States.

(3) On December 12, 201, the Defendant: (a) concluded a contract under which the Plaintiff and the Defendant would be supplied with the 5th B/L goods of KRW 2,160,000 (including value-added tax) for the supply of KRW 29,334,00 (hereinafter “instant contract”); (b) the Defendant agreed that the remainder of the goods except the b/L are supplied as imported goods, and the Plaintiff would be provided with the goods that the Plaintiff manufactured.

(4) On December 20, 2012, the Plaintiff issued an order to an import agency for the remainder of the goods, excluding the uniforms, and paid 20,275,000 won for the purchase of the goods and 990,000 won for the air transport fee to the said agency, and thereafter supplied the said goods to the Defendant on or around February 14, 2012.

(5) In addition to the instant contract, the Defendant’s request for the foregoing ancillary unit around March 2012.

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