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(영문) 서울서부지방법원 2017.01.11 2015가단36009
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 7,200,561 as well as 15% per annum from June 28, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporate company that produces, produces, and sells pipes, which is one of the parts of the internal pipes (titled and heatedly heatedly heated and heatedly heatedly heatedly heated materials in a quantitative protection unit (the Plaintiff is a corporate company that produces, produces, and sells finished products in a quantitative protection unit). The Defendant is a corporate company that produces, produces,

B. From October 2012, the Plaintiff started transactions with the Defendant, and the Plaintiff supplied pipes necessary for the production of the numerical data protection system as parts, the Defendant made them as finished products and sold them to the Water Resources Corporation, etc.

C. The Plaintiff had a patent right on pipes, and concluded a contract on October 1, 2012 to grant the exclusive license to the Defendant as of October 1, 2012.

(hereinafter “instant exclusive license contract”). D.

As a part of the above transaction, the Plaintiff supplied goods equivalent to KRW 31,107,780 on three occasions from July 31, 2015 to September 17, 2015 to the Defendant. However, the Defendant refused payment on the ground that the Plaintiff violated the instant exclusive license contract by delivering pipes to B in competition with the Defendant.

(hereinafter referred to as “the price for the instant attempted goods”). [Grounds for recognition] No dispute is raised, Gap evidence Nos. 1 through 6, Eul evidence No. 1, and the purport of the whole pleadings.

2. The parties' arguments and the judgment of this court

A. The Plaintiff, as the instant lawsuit, sought payment from the Defendant for the attempted money of this case.

According to the above facts, the defendant is obligated to pay to the plaintiff 31,107,780 won for the attempted money of this case and damages for delay caused by delay payment.

B. As to this, the Defendant: (a) deemed that KRW 15,406,182 of the inventory goods became intangible goods due to the wrongful destruction of the contract in which the Plaintiff ceased to supply the goods to the Plaintiff on October 7, 2015; (b) incurred damages equivalent to KRW 19,724,832 of the profits accrued when the normal supply was made; and (c) incurred damages equivalent to KRW 4,318,650 from an equal amount.

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