불법행위 및 손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of premise;
A. The Plaintiff is a business entity that makes clothes under the trade name of “B” and supplies them to the distributor, and the Defendant is a business that supplies the original body ordered.
B. Around November 4, 2013, the Plaintiff ordered the Defendant to pay KRW 7,217,000 of the original amount to the KRW 42,00,000, in white KRW 1,000, and around December 26, 2013, the Plaintiff was supplied by the Defendant with the original group (hereinafter “instant original group”) from the Defendant (hereinafter “instant original group”). On February 20, 2014, the Plaintiff paid KRW 7,217,00 to the Defendant.
C. On April 2012, the Plaintiff made clothes as the instant original body and supplied them to C (mutual “D”). Upon receipt of notice from C that there was a defect in the original body, the Plaintiff requested the Defendant to compensate for damages regarding the original body on September 18, 2014.
[Ground of recognition] Facts without dispute, Gap 1, 3, 4 evidence, Eul 1, 2 evidence, the purport of the whole pleadings
2. The assertion and judgment
A. 1) The plaintiff supplied the original body of this case with weak seal strength than the sample body to the plaintiff. Accordingly, the plaintiff suffered losses equivalent to KRW 10,315,00,00, total of KRW 7,217,000 of the original body price of this case and the total of KRW 3,098,00, and all other expenses incurred in manufacturing clothes as the original body of this case. Thus, the defendant is liable to compensate the plaintiff for the above losses. The original body supply contract between the plaintiff and the defendant is a contract for the supply of non-replacement, and the defendant expressed his intention that the representative director will be liable for 100% of the original body of this case. 2) Since the contract for the supply of the original body of this case was a contract for the supply of substitute products, Article 69 of the Commercial Act applies to the sale of the original body of this case, the plaintiff should be notified to the defendant after six months from the date of receipt of the original body of this case.
B. The Plaintiff and the Defendant.