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(영문) 서울북부지방법원 2016.10.18 2015가단34748
손해배상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person specializing in various domains with the trade name of “C”, and the Defendant is a person who operates a salt company with the trade name of “D”.

B. Around December 2013, the Plaintiff requested the Defendant to perform salt work, and the Defendant transferred to an enterprise “E” designated by the Plaintiff after completing the salt work.

C. The Plaintiff paid the salt price to the Defendant, and 10,616yds among the goods delivered to E are not released.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged that the plaintiff suffered damages of KRW 30,876,40 (10,616yds x 2,900), KRW 10,616,00 (10,616yds x 1,000), Eprocessed fee of KRW 12,157,200 (10,616yds) due to the plaintiff's defect in the original body that the defendant had performed salt work, and the plaintiff paid KRW 1.2 million to F of the defendant's factory site, but the plaintiff did not refund royalties, and thus, the plaintiff suffered damages equivalent to the above money, so the defendant is liable to pay the plaintiff the total damages of KRW 54,759,600, and delay damages.

B. First of all, as to the claim that the Defendant incurred damages equivalent to KRW 53,649,60 in total amount of KRW 30,876,400 in the raw body that the Defendant performed salt work, and KRW 10,616,00 in the raw body, KRW 12,157,200, and KRW 53,649,60 in the Eprocessed fee, it is insufficient to acknowledge that the evidence submitted by the Plaintiff alone caused defects in the raw body that performed salt work, and there is no other evidence to support this otherwise, the Plaintiff’s above assertion without having to take further account is without merit.

Next, it is recognized that the Plaintiff paid KRW 1.2 million to the Defendant’s factory F on May 30, 2013, with respect to the portion claimed in KRW 1.2 million, and that the Plaintiff paid KRW 1.2 million to the Defendant’s factory F on May 30, 2013, however, according to the purport of the entire pleadings.

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