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(영문) 의정부지방법원 2015.10.08 2014가합10387
손해배상
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 77,315,960 to the Defendant (Counterclaim Plaintiff) and its related amount from December 1, 2014 to October 8, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Presumed factual basis

A. The Plaintiff is a company that runs textile, raw body, clothing wholesale and retail business, etc., and the Defendant is a company that manufactures, processes and sells textile products.

B. From September 2013 to December 10, 2014, the Plaintiff is suffering from the Defendant’s fluenceGRE’s flusium.

The original part shall be that it has undergone a process after dynafing and processing the living papers.

The salary system shall be applied to the original body through other necessary processing.

was supplied.

C. Around 2014, the Plaintiff entered into a contract with A, C&S trading companies, and B to supply originals that have undergone chromosome processing in the habitats supplied by the Defendant. From June 2014 to October 2014, the Plaintiff supplied the originals to each of the above companies.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 2 evidence, Eul 1 (including paper numbers), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff asserted that the Plaintiff caused a yellow or yellow defect in the color of the clothes manufactured by using 22,303.5k g of the place of birth supplied by the Defendant from June 2014 to August 2014.

The reason for this change is that the rubber content of the living paper supplied by the Defendant to the Plaintiff falls short of 5%, which is the agreed content.

Therefore, the Defendant is obligated to pay to the Plaintiff the total sum of KRW 225,842,680 (= USD 129,042,970 ($ 129,916.36 for purchasing the raw materials x 1,108) ($ 68,448 for the Plaintiff) x 1,108) and damages for delay. (B) The Defendant is obliged to pay to the Plaintiff the amount of compensation for delay. (3) The Defendant’s statement on the sales commitment for raw materials for export supplied to the Plaintiff on the fact that the content of the raw materials for export supplied to the Plaintiff was indicated as KRW 95% and KRW 5%, but it is recognized that the rubber content of the land supplied by the Plaintiff falls short of the agreed content.

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