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(영문) 의정부지방법원고양지원 2014.10.31 2013가합52974
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 100,000.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. From July 201, the Plaintiff and the Defendant, from around July 201, maintained a business relationship where the Defendant purchased products of ELD from Nonparty A, a Chinese corporation, and provided the Plaintiff with the products of ELD, the Plaintiff manufactured and supplied ELD signboards to the Defendant by attaching the products of ELDD to the PCB plate.

B. Around the end of 2012, the Plaintiff requested the Defendant to supply ELD products necessary for manufacturing ELD products to the Defendant in order to sell ELD signboards to Vietnam companies. Upon the Plaintiff’s request, the Defendant: (a) purchased a number of 10 million products from a manager who was treated as a Vietnam, around March 22, 2013; (b) supplied the Plaintiff KRW 460 million to supply the Plaintiff with KRW 40 million; (c) around April 2013, 2013, KRW 2,604,000; and (d) around May 2, 2013, KRW 5,474,000 totaling KRW 8,078,000.

C. (1) On May 20, 2013, the Plaintiff demanded the Defendant to compensate for damages, stating that “Around May 20, 2013, the Plaintiff: (a) caused the instant product supplied by the Defendant, and destroyed and replaced the entire quantity of the ELD signboard manufactured with the product as a component; (b) caused serious damage due to the cream of the Vietnam company; and (c) the amount of said damage would reach KRW 471,960,000.”

B. On June 18, 2013, the Defendant requested the Plaintiff to prepare evidentiary materials, such as the details of the amount claimed by e-mail, the process of the occurrence of the defect, the report related to the defect, the defective photograph, the normal product photograph, and the evidentiary materials on the local circumstances.

In accordance with the Agreement, we agree to compensate for the amount of KRW 250 million out of 471,960,000 of our loss costs:

6.26.10 billion won;

7.5.15.150 million won, upon completion of the deposit, agree that any of the above liability between the two shall not be charged to the above inferior Leak. If our default is inevitable, it shall include the full amount of our manufacturing loss cost and the three sets which will be carried out later.

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