beta
(영문) 서울중앙지방법원 2017.01.19 2016가단5020520

손해배상 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On December 15, 2014, the Plaintiff and the Defendant decided to sell “C satisfaction cans” supplied by the Defendant through the Plaintiff’s Home shopping around December 15, 2014. After that, Defendant and B demanded the Plaintiff to prepare for the said oxygen cans, which are the goods of the Plaintiff, at least 30,000 won. On January 21, 2015, the Plaintiff completed the production of KRW 30,00 (the production cost is KRW 4,500 per outlined). However, the Plaintiff failed to obtain the aforementioned certificate within 30,000 upon the completion of the test for the defective quality of the Plaintiff’s bathing parts offered at the Defendant’s side, and the Plaintiff failed to obtain the above certificate within 310,000 won upon the completion of the test for the 30,000 won test for the above bathing parts (the above 4,500 won certificate within 315,015,00).

(2) The Defendant is liable to compensate the Plaintiff for damages incurred by the Plaintiff due to the tort, even though the Plaintiff’s desire to sell the home shopping is a product that is impossible to sell the home shopping due to its quality. As such, the Defendant deceivings the Plaintiff by hiding it, and supplied the said cans to the Plaintiff as a private goods, and the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to such tort.

3. In addition, the Defendant’s duty to supply the Plaintiff with the satisfaction to sell the home shopping until the home shopping broadcasting is possible, and the Defendant’s duty to provide the home shopping company with the test pass certificate as required by the home shopping company.