logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.01.09 2019나2042
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On July 26, 2017, the Plaintiff was a person engaged in the manufacturing of automobiles and precision parts, industrial machinery, etc. with the trade name of “E”, and D (F) was merged with the Defendant on July 26, 2017, as a corporation established for the purpose of the manufacturing of BLC mortars.

(hereinafter referred to as the “Defendant”). B.

On December 12, 2017, the Plaintiff notified the Defendant that “Around December 30, 2017, the Defendant ordered parts equivalent to KRW 81,959,420, which was manufactured and kept in custody by the Plaintiff.”

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 5, 8, 13, and 18, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. On August 2015, the Defendant concluded a contract with the Plaintiff for goods supply with the content that the Plaintiff would produce 50,000 motherers and deliver them to the Defendant in order from October 14, 2015.

Thus, until February 2016, the Plaintiff completed the production of 40,000 sets out of 50,000 sets, and supplied 20,000 sets to the Defendant from October 14, 2015 to February 23, 2016, but thereafter, the Defendant rejected the receipt of the remainder 20,000 sets and clearly expressed the intent to refuse the performance of the above goods supply contract.

Therefore, the Defendant is obligated to pay the Plaintiff damages for nonperformance of the goods supply contract amounting to KRW 81,959,420 (i.e., KRW 73,492,070 for inventory of raw materials at KRW 5,323,00 for which the Defendant refused to receive, even if the Plaintiff was manufactured, and damages for delay therefrom.

B. In addition, the defendant between the plaintiff on November 13, 2017 and the plaintiff on November 13, 2017, "C" where the defendant is the original owner of the mother's delivery.

The plaintiff filed a lawsuit against the plaintiff to claim the amount including the amount of the plaintiff's stock, and according to the judgment or agreement of the lawsuit.

arrow