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(영문) 수원지방법원 안양지원 2018.02.08 2017가단109791
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant was awarded a contract for electrical construction (hereinafter “instant construction”) among the new construction works ordered by the Culan Global Corporation (hereinafter “the instant construction”).

B. In order to supply SVC (electronic null and void power compensation system; hereinafter “instant product”) necessary for the production and supply of the electric power distribution team among the instant construction works, the Defendant introduced the Plaintiff from the Koul Global Co., Ltd.

C. On October 6, 2016, the Plaintiff drafted a written estimate (Evidence A 1) stating the value of the instant product as KRW 210,000,000 for the instant product. On October 10, 201, the Plaintiff and the Defendant stated “178,000,000 at the bottom of the said quotation” and signed each of them.

On October 28, 2016, the Plaintiff ordered the instant product to ESBC companies located in Israel.

E. On November 9, 2016, the Defendant prepared and sent an order for the instant product to the Plaintiff, and the said order contains a statement that “three copies of the specifications for approval” as a special engineer.

F. On November 18, 2016, the Defendant sent the e-mail requesting the Plaintiff to withhold the order, and sent the e-mail notifying the Plaintiff of the cancellation of the order on December 2, 2012.

G. On November 21, 2016, the Plaintiff sent the price for the goods to the ESBC company, and the ESBC company sent the invoice to the Plaintiff on the 29th of the same month, and the B/L was issued after the shipment was completed on December 1, 2016.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 16, Eul evidence Nos. 1 through 6, each fact-finding reply to the Copi global corporation and Epis corporation, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion was premised on the conclusion of the instant contract by signing a written estimate (Evidence A No. 1) on October 10, 2016, and the same.

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