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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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Reasons
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(영문) 대구지방법원서부지원 2020.06.18 2018가단11743
손해배상(기)
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 5, 2016, the Plaintiff and the Defendant determined production costs in total at KRW 18,200,000 with respect to the form of 7 kinds of gold, such as the closure and closure of the Hague, and entered into a gold production contract (see evidence 1; hereinafter referred to as the “instant contract”) which includes the details to be returned at any time upon the Plaintiff’s request.

나. D은 2018. 5.경 이 사건 계약에 따라 제작된 금형을 피고로부터 인수하여 피고가 발주하는 방충망 부품 등을 생산하여 왔는데, 원고는 2018. 6.경부터 2017. 7.경까지 직접 D에 이 사건 금형 수정을 의뢰하고, 헤드 소, 리드, 버튼캡, 힌지2 등을 발주하였으나, 금형수정비 중 1,100,000원과 물품대금 중 3,578,400원을 지급하지 아니하였다.

Accordingly, on January 28, 2019, D sent to the Plaintiff a certificate of content that “The Plaintiff is in custody of the gold punishment of this case due to the Plaintiff’s failure to pay the price, and thus, the payment was settled until January 31, 2019.”

C. Meanwhile, the Defendant filed a claim against the Plaintiff for the payment of the goods amounting to KRW 51,981,336, which was the sum of KRW 48,813,36, and the outstanding amount related to the gold-type KRW 3,168,00, and KRW 51,981,336, and the Defendant filed a claim against the Plaintiff under Suwon District Court 2018Kadan23908. On November 20, 2019, the said court rendered a judgment on November 20, 2019 that “the Plaintiff paid the outstanding amount to the Defendant for the payment of KRW 38,210,976, and the outstanding amount related to the gold-type KRW 3,168,976, and damages for delay thereof” (hereinafter referred to as “related judgment”). This judgment became final and conclusive on December 11, 2019.

On December 11, 2019, the Plaintiff remitted KRW 47,323,759 to the Defendant, including the relevant judgment amount and litigation costs.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 9, Eul evidence Nos. 5, 6, 10 through 13, and the purport of the whole pleadings

2. The allegations and judgment of the parties

(a)a party’s assertion;

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