손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company with the purpose of manufacturing, selling, and installing heating drums and other heat generators, and the Defendant is a person who develops and produces the stude heat (which is a mixture of carbon and several high molecular chemicals, is a process of mixing them, and the length is about 82 cm before and after the lapse of about 82 cm, and the heat generated at the time of voltage).
B. On June 5, 2007, the Plaintiff entered into a contract with the Defendant to be supplied with the product of this case (hereinafter “instant contract”) after having been supplied with pressure-generating, drying, and strawing (hereinafter “the product of this case”) after having inflicted clothes on the strawing heat developed by the Defendant. Under the said contract, the Plaintiff supplied 983,685 copies of the instant product of this case total amounting to KRW 756,448,00 from April 14, 2008 to November 18, 2010. < Amended by Presidential Decree No. 20535, Apr. 18, 2008; Presidential Decree No. 20348, Nov. 18, 2010>
C. The Plaintiff produced, as an element of the instant product supplied by the Defendant, “string cards (the products made in the form of a railroad by connecting wires to both sides after arranging the instant product at intervals of 10cm)” and sold them to agents, or other third parties, including customers.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 17, Eul evidence 16, and the purport of the whole pleadings
2. Determination as to the cause of claim
A. The Plaintiff’s assertion is premised on the premise that at the time of the conclusion of the contract of this case, the instant product was dried with high temperature above 60°C and has a durability to the degree of confluence. However, since the product of this case was made by mixing it with materials that constitute the product of this case, the entire temperature is not rise, and only some parts of the product of this case are excessively heated, and eventually, the product of this case is cut down, and the Defendant who supplied such defective materials.