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(영문) 인천지방법원부천지원 2016.06.01 2014가합5714
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 25,211,440 to the Defendant (Counterclaim Plaintiff) and its related amount from January 29, 2015 to June 1, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff entered into a contract for the supply of crops on June 2012, 2012 (hereinafter “Yancheon Business”).

B) As to the Defendant, the Plaintiff entered into a contract on the supply of crops with the content that the Plaintiff would produce and supply internal image plates and fireproof gas, which are used in the process of cutting up red stones from Gaecheon Business. (2) On June 2012, 2012, the Plaintiff entered into a contract with the Defendant for the supply of crops with the content that the Plaintiff would supply internal image plates and fireproof gas, which are to be produced and supplied by the Defendant from Chinese companies, to be supplied to Ycheon Business (hereinafter “instant contract”).

B. On July 18, 2013, the Plaintiff supplied KRW 3,000 in-house image board (hereinafter “in-house image board of this case”) from the Defendant, and supplied it to YY. On July 30, 2013, there was an accident where part of the in-house image board of this case was shouldered in the process of cutting back red bricks from the Gama by using the inner image board of this case on July 30, 2013.

Then, on August 21, 2013, the Plaintiff supplied gas 1,080 gas resistant (hereinafter “fire resistant gas resistant”) from the Defendant and supplied it to Ycheon Business on August 30, 2013, and there was an accident that part of the gas resistant gas of this case was broken in the course of using the fire resistant gas of this case in the course of cutting bricks into Gacheon Business.

(hereinafter referred to as “instant accident”). [The grounds for recognition] / Each description and image of Gap evidence Nos. 1, 2, and Eul evidence No. 1 (including the number with each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Determination as to the claim on the principal lawsuit

A. 1) At the time of the conclusion of the contract of this case, the Defendant agreed to supply the Plaintiff with fireproof temperature above 1,750 cc. video board and fireproof gas.

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