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(영문) 대전지방법원 2015.07.21 2014가단35508

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 26, 2013, the Plaintiff entered into a contract with the Gucheon-dong Agricultural Cooperative (hereinafter “Gucheon-dong Agricultural Cooperative”) to supply the pipes for agriculture.

B. On February 27, 2013, the Plaintiff entered into a contract for the supply of the oil pipe (hereinafter “instant contract”) with the Defendant by setting the price for supply as KRW 49,177,040 (including value-added tax).

C. The Defendant entered into a cargo pipe supply contract with Dong Chang-dong P&S Co., Ltd., and supplied the cargo pipe (hereinafter “instant pipe”) from the said company, and delivered it to Kucheon-dong Agricultural Cooperative upon the Plaintiff’s request.

The Kucheon-dong Agricultural Cooperative received a civil petition from the Plaintiff that the pipe of this case supplied by the Plaintiff supplied to farmers, and that the pipe of this case was weak in strength from farmers.

E. Accordingly, the Kucheon-dong Agricultural Cooperative entrusted the Korea Testing and Research Institute with the performance test of the pipe of this case, and the test result that the five items failed to meet the Korean Industrial Standards standards, filed a lawsuit against the Plaintiff as to the damages to 33,428,045 won to Nacheon-dong Agricultural Cooperative, which caused damages to Nacheon-dong farmers, and received a favorable judgment in favor of the Plaintiff without submitting a written response.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 and 8, purport of the whole pleadings

2. Judgment on the parties' arguments

A. In the Plaintiff’s assertion contract of this case, even though the Defendant decided to supply the agricultural pipe, the Plaintiff suffered damages equivalent to KRW 49,177,040 for the supply price of the instant contract and damages caused by the transaction interruption. The Defendant is obligated to pay the Plaintiff the above KRW 49,177,040, which is sought as part of the damages suffered by the Plaintiff, and damages for delay.

B. The defendant's assertion is an agricultural pipe from the plaintiff.