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(영문) 서울중앙지방법원 2017.12.12 2017나25757
인쇄대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The plaintiff runs the printing business with the trade name C, and the defendant runs the sales business with revenue.

D operates a design firm with the trade name of "E", which designs public relations books, etc., and, in case of printing and printing products, most of them give a contract for printing and printing to the plaintiff.

B. Around April 2015, the Defendant requested D to produce promotional books with revenue (hereinafter “the instant books”). D around April 22, 2015, the Defendant sent a written estimate (No. 5-2) of the instant books to the Defendant, excluding the final image files and correction expenses.

C. On April 27, 2015, the Defendant: (a) purchased the pertinent book in KRW 1,803,120 from the branch distributor to the Plaintiff, who is a trader of D; (b) purchased the pertinent book in KRW 1,803,120.

Defendant and D, who thought that the above phenomenon was caused by the removal of the instant book printed by the Plaintiff in the instant book, had been predicted in the color of the book author (500 copies). The Defendant and D did not make a copy of the said printed paper, and the Plaintiff came to know that the book author was produced again in a different type of paper.

On May 8, 2015, the defendant knew the above facts to the enterprises that purchased the above proposal.

E. On May 11, 2015, the Plaintiff printed and copied two-lanes of the instant book (500 copies) in the paper newly purchased by the Defendant. On May 16, 2015, the Defendant brought 180 copies out of the books for the second printing, and received 320 copies of the books for the second printing on May 23, 2015, and there was a defect from the second printing book.

On May 16, 2015, at the time of receipt of part of the second printing book, the Defendant resisted the Plaintiff with regard to the above defects, but the said booker was urgently required, thereby bringing the above booker to use the lag.

F. On June 17, 2015, the Defendant remitted KRW 2.5 million to D.

[Ground of recognition] There is no dispute.

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