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(영문) 인천지방법원 2019.12.20 2018나61614
약정금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay 12,209,700 won to the intervenor succeeding to the plaintiff and its corresponding amount.

Reasons

1. Facts of recognition;

A. The Plaintiff (i.e., withdrawal; hereinafter “Plaintiff”) is an individual entrepreneur who runs the manufacturing industry, such as gold-type, under the trade name of “D,” and the Defendant is an individual entrepreneur who runs the manufacturing industry of parts under the trade name of “E.”

B. Around April 2017, the Plaintiff received an order from F Co., Ltd. (hereinafter “F”) to manufacture the original fire alarm machine (hereinafter “products”) 3,000, and produced products to other manufacturers, including the Defendant, by subcontracting detailed processes, such as assembly, painting, and brewing, and supplied them to F.

C. However, F requested re-production on the ground that defects were discovered in the process of product inspection, and accordingly the Plaintiff and the subcontractor made a series of products once again and supplied them to F.

around September 2017, the Plaintiff discussed with the person in charge of sewage company's above product defect and re-production. G, the Defendant's children, as the Defendant's representative, attended the above position and prepared a repayment plan stating that the Defendant would reimburse the Plaintiff for the loss incurred due to defective products (hereinafter referred to as "the repayment plan of this case").

E. On the other hand, on August 30, 2018, the Plaintiff transferred to the Intervenor succeeding to the Plaintiff all the principal of the agreed amount under the instant reimbursement plan, legal interest thereon, delay damages, and all the litigation costs, and notified the Defendant on August 31, 2018 with content certification, and withdrawn from the instant lawsuit with the Defendant’s consent on April 12, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 8, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant shall not exceed the amount set forth in the above repayment plan against the plaintiff succeeding intervenor unless there are special circumstances.

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