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(영문) 서울중앙지방법원 2016.08.19 2016나22898
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On August 20, 2014, the Plaintiff: (a) supplied 15,979 meters of the supply price per 600 square meters (UNFCCC; Japanese currency); (b) supplied 12,179 meters of the raw part of the raw part of the balket for balket to December 30, 2014; (c) supplied 3,800 meters of the raw part of the balket for balget to the ordering company by January 20, 2015, under the condition that the ordering company has obtained prior approval on the color and quality of the balket and balket (SY0410C, poly Esteher 100%; (d) and (e) supplied the 3,800 meters of the raw part of the balket to the ordering company by January 20, 2015.

B. After that, on August 26, 2014, the Plaintiff agreed with the Defendant to supply the original team to the ordering company on behalf of the Plaintiff within the period ordered above. However, in the event that the Defendant received the original payment from the ordering company, the Plaintiff agreed to pay the payment of the payment by 60 percent per annum to the Plaintiff.

(hereinafter referred to as “instant agreement”). C.

Pursuant to the instant agreement, the Defendant sought original sampling through several occasions and sent it to the Plaintiff to obtain the approval of the ordering company. The ordering company finally approved the original subdivision on December 30, 2014.

The defendant notified the plaintiff that the ordering company's approval could not supply the original unit within the delivery period too late, and accordingly the plaintiff could not supply the original unit to the ordering company.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5 evidence, Eul 1 to 7, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) : The plaintiff failed to supply the original team to the ordering company due to the defendant's default or negligence in connection with the agreement in this case. Therefore, if the defendant properly supplied the original team to the plaintiff pursuant to the agreement in this case, the defendant is liable to compensate for the damage of KRW 8,816,573 [the amount equivalent to the profit the plaintiff could gain (the original team 15,979m x 60 m 1m x 1m 9.196 won per 1m)].

2. Defendant: The original group pursuant to the instant agreement.

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