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(영문) 광주지방법원순천지원 2017.09.07 2016가합10408
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 (applicable for recognition: The non-contentious facts, Gap evidence 1 through 5, and 16 (including provisional numbers; hereinafter the same shall apply);

(2) Each entry and the purport of the whole pleading

A. The Plaintiff is a person operating a business entity that manufactures and sells the decorations, etc., and the Defendant is a person who operates a “C” business entity that manufactures and sells the main liquor, etc.

B. The Plaintiff purchased the note from the Defendant’s father since around 1990, whose father operated “C”, and on around 200, the Defendant’s father died and the Defendant continuously purchased the note from the Defendant for up to 2014 even after the Defendant’s father operated “C.”

C. The payment between the Plaintiff and the Defendant is in custody of the passbook and seal of the Plaintiff’s account (hereinafter “instant account”). If the Plaintiff deposits the goods into the instant account, the payment was made by the Defendant’s withdrawal.

2. Determination on the claim for damages

A. On March 26, 2012, the Plaintiff: (a) purchased the note from the Defendant and put it in place; (b) on August 26, 2014, the Plaintiff sold some of them to the trading company on the grounds that the Plaintiff did not have good, and (c) returned all of them to the trading company; and (d) the remainder of them should be discarded as they have no good character.

Since this is due to the defendant's supply of defective domains, the defendant should pay 84,350,000 won to the plaintiff as compensation for damages caused by incomplete performance.

B. Determination Nos. 1 and 2; witness D’s testimony; the Korea Food Research Institute of this Court and the Korea Agricultural and Food Research Institute of Korea recognized the overall purport of the arguments as a result of the fact-finding inquiry to the Korea Food and Food Research Institute of this Court; (i) the quality of the funeral is determined based on various factors, such as salt, water, raw materials, gymale conditions, and sediative containers; and the Korea Food Research Institute and the Korea Agricultural and Food Research Institute are due to the lack of lue funeral.

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