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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. The Plaintiff is a person engaged in trade business under the trade name of “D,” and Defendant B (hereinafter “Defendant Company”) is a company engaged in the manufacturing of bedclothes, and Defendant C is the representative director of the Defendant Company.
B. On January 13, 2015, the Plaintiff entered into a contract for the export of bedclothes with the E of Uzbekistan nationality.
C. The Plaintiff sent bedclothess according to the above export contract, but was returned on the ground that the said exported goods were inventory goods in 2013, not goods in 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 25, Gap evidence 2-1, 2-2, Gap evidence 4-1 to 38, Gap evidence 5-1, Gap evidence 5-2, the purport of the whole arguments, plaintiff's assertion
A. On October 28, 2014, the Plaintiff entered into a contract with the Defendants for the production and supply of bedclothess to be exported to E, and paid KRW 37,920,210 for the goods. The Defendants delayed the supply of the goods, as well as the supply of the goods that were newly manufactured, and supplied inventory goods by deceiving the Plaintiff even though they were to supply the goods. As such, the Plaintiff’s termination of the export contract with the Plaintiff and E due to tort and breach of contract by deception of the Defendants, thereby causing damage to the Defendants in total of KRW 101,09,260 for the goods that the Plaintiff paid to the Defendants, including the first export charges, KRW 37,920,210 for the goods, KRW 9,040 for the first export charges, KRW 9,00 for the certificate of origin, etc.
Details of non-amount of 37,920,210 (Evidence 6, 1,200 (Evidence 6) first export freight 9,748,040 (Evidence 7, 1 to 3) country of origin certificate 217,000 (Evidence 8, 1 to 4) country of origin certificate 3,396,700 (Evidence 8, 1 to 4) country of origin certificate 7,524,840 US dollars 6,840 x 1,00 US dollars 21,672,200 US$ 19,702 x1,100 (Evidence 9, 1 to 3) country of origin for the plaintiff's export progress 21,672,200 US dollars 19,702 x 1,100 (Evidence 10).