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(영문) 서울남부지방법원 2017.06.27 2015가단245491
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. On April 2015, the Plaintiff and the Defendant (hereinafter “instant supply contract”) concluded a goods supply contract with the following terms: (a) the Plaintiff assembled Lithium Lithium 5,000 (1 trillion won) in order to supply the goods to the Defendant in 1,00 through 200 units; and (b) the Defendant provided the said goods to the Plaintiff at the same time; and (c) the Defendant would pay the Plaintiff the price of KRW 45 million (hereinafter “instant supply contract”).

B. The Plaintiff completed Article 5,00 of the PCM Protection circuit, which is the basis of the above PC factoring, to prepare for an urgent supply of goods, as well as to produce half-finished goods 1,500, finished goods 2,000 and subsequently supply them to the Defendant in order, but the Defendant continues to refuse to receive them without any special reason.

C. The Defendant’s non-performance of the obligation to compensate the Plaintiff for the damages incurred to the Plaintiff, as the instant supply contract was rescinded, and the Plaintiff incurred a total of KRW 45 million, including the cost of purchase of parts and personnel expenses, during the process of performing the said supply contract.

2. The judgment fee, Gap evidence Nos. 6 and 15 are not sufficient to acknowledge that the supply contract of this case was concluded between the plaintiff and the defendant only with the entries or videos of Gap evidence Nos. 6 through 15. The plaintiff's above assertion is without merit.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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