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(영문) 인천지방법원 2016.08.12 2015가합3293
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 29, 2015, the Plaintiff entered into a contract for the supply of goods (hereinafter “instant commodity supply contract”) with the Defendant, with each of the set forth on April 25, 2015, as between KRW 2,500,000 (USD; hereinafter the same shall apply), the Hong Kong Special Administrative Region in the People’s Republic of China at the place of delivery, and the delivery period, and received USD 624,95 from the Defendant on the day of the said contract.

B. The instant arbitral panel, via Nonparty C, was scheduled to manufacture the product that was completed through Nonparty C, the intermediate supplier, and then to be supplied by the supply of the product to the Defendant, upon delivery by Nonparty C.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5, 7, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff: (a) during the period from the conclusion of the instant goods supply contract to the delivery date of the instant cargo panel, the Plaintiff anticipated that the supply of raw materials would not be smooth, and requested the Defendant to postpone the delivery period in advance; and (b) requested that the Defendant pay damages and losses for delay due to the termination of the instant contract to the Defendant, on April 24, 2015, even though the Plaintiff completed the preparation for delivery of KRW 18,000 on April 24, 201, a day before the delivery date, even though it was completed on April 24, 2015.

B. The Defendant’s assertion that the Plaintiff is entitled to extend the delivery period to one week on March 20, 2015, when the Plaintiff first supplies the range of 10,000 to 20,000 among Chapter 50,000 to the instant arbitral panel.

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