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(영문) 의정부지방법원 2019.05.02 2014가단12867
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 21,590,316 to the Plaintiff (Counterclaim Defendant) and its related amount from May 5, 2014 to May 2, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person who engages in the textile manufacturing and wholesale business under the trade name of “D,” and the Defendant is a person who engages in chroding business under the trade name of “E.”

B. The Plaintiff and the Defendant concluded a contract with the Defendant to use salt processing to the original unit purchased by the Plaintiff and deliver it to the Plaintiff, and have been engaged in several transactions until July 2013.

C. From April 2013 to June 2013 of the same year, the Plaintiff: (a) purchased from the Defendant, a primary company, from F, a primary company, to the Defendant; (b) contracted with 2,000 won/km; (c) one-lane contract was made from April 2013 to May 2013 of the same year (hereinafter “the primary contract”); and (d) two-lane contract was made from May 2013 to June 201 of the same year (hereinafter “the secondary contract”).

The amount of the second-lane contract awarded by the Plaintiff to the Defendant is approximately 14,027 king (hereinafter referred to as the “second-lane contract”). D.

The defendant completed the delivery to the original base by July 2013 after completing salt processing.

The Plaintiff sold the raw body supplied to the clothing-manufacturing company, and among which, the instant raw body was set at KRW 43,203,160 in the G, which is the clothing-manufacturing company.

E. G, as a wing company, was entrusted to H, I, and J with the salary system of the instant original body. As a result, water missing and yellow urine phenomenon (the original body changed in yellow color; hereinafter the same is referred to as “instant defect”) occurred in the clothes that completed the salary system as the instant original body, G notified the Plaintiff of this fact on August 2013, and the Plaintiff notified the fact that there was defect to the Defendant around that time.

F. The degree of the defect in the clothing made by the original body of this case was so serious that it was impossible to sell the clothing.

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