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(영문) 서울북부지방법원 2016.06.10 2014가단48597
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person running a business, such as glass construction, with the trade name B, and the Defendant is a company running a glass processing and manufacturing business, etc.

B. On July 14, 2014, the Plaintiff issued to the Defendant a written order of the glass product at C site with the date of shipment as at July 24, 2014, and received a written estimate from the Defendant.

C. On July 15, 2014, the Plaintiff issued to the Defendant a written order of glass products at D site that was issued on July 28, 2014 by the shipment date to the Defendant, and received a written estimate from the Defendant on July 16, 2014.

On July 25, 2014 and July 26, 2014, the Defendant supplied each of the favorable products amounting to KRW 48,720,923 at the D site on July 29, 2014 and July 30, 2014, and the Plaintiff paid KRW 25,260,923 among them on September 5, 2014, and currently unpaid supply price is KRW 23,460,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, and 8, the purport of the whole pleadings

2. Determination as to the cause of action

A. Although the delivery date of the Plaintiff’s argument C-site was July 24, 2014, the Defendant was obligated to remove and delay in construction of glass products on July 25, 2014 and July 26, 2014; KRW 6 million in personnel expenses for removal and delay in construction; KRW 1 million in personnel expenses for glass construction; KRW 2.4 million in equipment expenses; KRW 1,600,00 in cleaning container oil contamination; and the Defendant was obligated to compensate the Plaintiff for damages totaling KRW 10,60,00 in total, KRW 1.2 million in expenses for cleaning container oil contamination; even if the delivery date of D-site was July 28, 2014; on July 29, 2014 and July 30, 2014; KRW 3.6 million in personnel expenses for glass construction; KRW 1.6 million in equipment expenses; KRW 3 million in total, KRW 3.6 million in cleaning damages; and KRW 3 million in cleaning damages.

B. As seen earlier, the Defendant’s delivery date after the date of each release stated in the order form in C and D is the same as the date following the date of each release. However, the evidence Nos. 1 through 18 is the number.

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