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(영문) 수원지방법원성남지원 2019.03.05 2017가단216454
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 2, 3, and 4 (including paper numbers).

On November 8, 2016, the Plaintiff entered into a contract with the Defendant for the production and supply of three campingers (hereinafter referred to as “campers”) (red to as “campers”), and agreed to pay development costs and price of supply necessary for production, such as design cost.

B. From November 8, 2016 to March 31, 2017, the Plaintiff paid a total of KRW 22,611,300 to the Defendant under the instant contract.

C. Around February 2017, the Plaintiff was handed over to the Defendant as soon as monthly liter (hereinafter “the first liter”) but in the case of the remainder two, the Plaintiff did not receive it.

2. The parties' assertion

A. On March 2017, the Plaintiff’s assertion ordered Twiters for the purpose of displaying and selling Twiters from “D” held in C. Accordingly, even though the Plaintiff agreed on January 20, 2017 at the time of the instant contract, the Defendant failed to participate in the said event due to the Defendant’s failure to comply with the payment period, and even in the case of “E” held on June 2017, the Plaintiff requested prompt supply to participate in the said event, but did not produce and supply them properly.

Furthermore, even though the defendant is obligated to produce the three liters ordered by the plaintiff completely and undergo an individual safety inspection and then deliver the plaintiff, the first liters did not undergo an individual safety inspection, but there are many defects, and the second liters did not deliver the plaintiff the product value, and the third liters did not complete the manufacturing process.

Therefore, the plaintiff is either the defendant's default (performance delay) or incomplete performance.

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