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(영문) 인천지방법원 2018.10.02 2017나66780
물품대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

Reasons

(b)in the event of an exchange or return;

When an Indian goods have been damaged, if it is a minor consumer at the time of delivery of another goods as specified in the contents of the goods, the Plaintiff is responsible for the click and handling goods itself (including click due to infringement on patent rights, sales rights, design rights, trademark rights, etc.) from the Defendant’s consumer, such as the request for the delivery of the goods sold, exchanged/return, and mid-term harmful insects, and must promptly and sufficiently resolve that the click has been raised. If a dispute arises due to the failure to resolve the click, the Defendant may delay the settlement of the click. 2) The Plaintiff is responsible for the Defendant’s property, physical and mental damages suffered by the Defendant by the supply of the goods contrary to Article 4, and the Plaintiff is absolutely responsible for the settlement of the click and criminal charges.

*Annexed Product Supply Agreement (5mL): 1,100 won A diesel Felth (100mL): 650 won chloro Fene (100mL): 650 won 650 won

B. Pursuant to the instant contract, the Plaintiff manufactured and supplied goods, such as diesel days, from July 2015 to December 12, 2015, to the Defendant. The Defendant supplied goods supplied by the Plaintiff from July 16, 2015 to September 4, 2015 to the Multi-child Industry (hereinafter “Dauri”) Co., Ltd.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 14, Eul evidence Nos. 1 and 12, the purport of the whole pleadings

2. Determination on the main claim

A. The fact that the Defendant did not pay 19,825,685 won to the Plaintiff according to the contract of this case is not a dispute between the parties. Thus, the Defendant is liable to pay 19,825,685 won to the Plaintiff and damages for delay, barring special circumstances.

B. 1 Plaintiff’s assertion as to the claim for non-materials costs.

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