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(영문) 창원지방법원 2020.07.01 2019가단120957
선불금 등
Text

The plaintiff's claim of this case is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff’s summary of the Plaintiff’s assertion was a person engaged in trade in required packing and processing business, and the transaction was terminated on September 201, 2018, following the Plaintiff’s order of production to the Defendant from November 2016 and the Defendant’s production and supply of the required packing.

The settlement due to the termination of the transaction at the time was based on KRW 141,447,343 as damages incurred by the Plaintiff’s materials and machinery, etc. stored in the Defendant factory, and KRW 53,970,917 as additional damages incurred thereafter. The amount of the Plaintiff’s obligation to return advance payment to the Defendant is KRW 20,00,000, deducting the amount of the Defendant’s obligation to return advance payment from the amount of the processed expenses owed to the Defendant, and the said amount is 11,118,854, the sum would be KRW 195,418,260.

The defendant asserts that since the defendant does not pay only part of them and does not pay the amount stated in the claim, it is claimed as the claim of this case.

As to this, the Defendant asserts to the effect that, in the case prior to the Plaintiff, the Defendant had already been investigated and judged on facts in Busan District Court’s Branch Branch 2019Kadan10903 (Main Office), 2019Kadan11392 (Counterclaim), and that the Defendant could not respond to the Plaintiff’s claim while rejecting all of the Plaintiff’s arguments.

2. The Plaintiff and the Defendant, as alleged by the Plaintiff, paid to the Defendant advance KRW 20,00,000 from November 201, 2016 to September 16, 2018, followed by the Defendant’s factory fire, and continued to engage in continuous forest processing transactions until the front place of the fire, and on October 16, 2018, immediately after the occurrence of the fire, the Plaintiff was issued a provisional attachment order on the claim of KRW 100,00,000 out of the Defendant’s fire insurance claim against Nonparty C in order to preserve the Plaintiff’s damage claim caused by the fire, with the amount claimed as KRW 1,00,000 out of the fire insurance claim against the Defendant’s company, and the Plaintiff and the Defendant agreed on the method of compensating the Plaintiff’s damage on October 29, 2018.

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