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(영문) 서울서부지방법원 2017.08.17 2016가합39262
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells products and equipment related to the traffic industry, including a comprehensive trade business, trade brokerage business, and printing display, and the Defendant is a person who engages in the manufacturing business of observers, light printing, and screen printing with the trade name B.

B. On October 20, 2016, the Defendant entered into a contract with the Plaintiff to purchase AVALO N N 50 S (hereinafter “instant equipment”) for KRW 247,500,000 (hereinafter “instant sales contract”). On October 24, 2016, the Defendant paid the Plaintiff KRW 2,250,000,000 in total, KRW 500,000 on deposit, and KRW 1,75,000 on November 7, 2016. The content relating to the instant sales contract is as follows.

The B and the Plaintiff enter into a contract between B and the Plaintiff as follows:

Article 1 (Supplyed Goods)

(a) Goods supplied: Written estimate 225,00,000 additional tax (10 per cent), 22,500,000 won physical ging, ging, ging, ging, ging, ging, ging, ging, ging, ging, ging, 500,000 won, see Article 2

C. After the conclusion of the instant sales contract, the Defendant deemed that the instant equipment is inappropriate in the factory operated by the Defendant, and sent on November 19, 2016 the Plaintiff a letter stating that the order of the instant equipment was suspended and delivered. However, on December 5, 2016, the Plaintiff urged the Defendant to perform the contract on the ground that all preparations related to the installation of the instant equipment had already been made.

On December 8, 2016, the Defendant notified the Plaintiff of the cancellation of the instant sales contract, and the Plaintiff expressed his intent to cancel the instant sales contract through the delivery of a duplicate of the instant complaint on the grounds that the Defendant’s nonperformance of obligation is impossible. The duplicate of the instant complaint was served on the Defendant on January 5, 2017.

E. After the cancellation of the instant sales contract, the Plaintiff “instant CTPP System, etc.” among the instant equipment: (a) CTPP System, System, etc.

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