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(영문) 서울중앙지방법원 2018.07.05 2018가단5011759
손해배상청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact that the Plaintiff was supplied with the original unit by the Defendant around 2015 and manufactured the original unit and supplied it to the construction company does not have any dispute between the parties.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Plaintiff produced a uniform to be supplied by the Defendant and supplied a part of the quantity to the “HDGSK JV” to the “HDGK Jint.” However, the Plaintiff suffered damages from the Defendant’s payment of KRW 24,241,80 to C, KRW 10,329,00 to C, KRW 12,331,00 to compensate for any defect in the said original group, KRW 18,480,00 to D, KRW 5,961,120 to E, and KRW 71,342,920 to compensate for that defect.

However, without resolving the above defect problem, the defendant slandered the plaintiff that he had received money from the plaintiff during the process of the delivery of uniforms.

As a result, the plaintiff was unable to supply a uniform, and the plaintiff's employees also suffered mental and property damage, such as retirement.

As such, the Defendant’s act of supplying defective original parts and slandering the Plaintiff constitutes nonperformance and tort, and thus, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 150,000,000 and damages for delay.

(A) The plaintiff asserted the damage due to the delay in the payment period of the defendant, but the plaintiff did not present any further argument until the closing date of the argument in this case that the specific contents and the amount of the damage will be adjusted later).

Judgment

The plaintiff does not present any evidence supporting the above argument.

In addition, in full view of the purport of the written evidence No. 2 and the purport of the entire pleadings, in the case of the claim for the purchase price of goods filed by the Defendant against the Plaintiff, the Plaintiff suffered a total of KRW 70,649,920 due to the defect of the original unit supplied by the Defendant, which was incurred a total of KRW 70,649,920 due to the defect of the original unit supplied by the Defendant, and the court rendered a judgment of the Plaintiff’s failure by rejecting the entire claim. The above judgment became final and conclusive, and the above set-off defense was limited

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