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(영문) 수원지방법원성남지원 2016.08.12 2015가단226785

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The plaintiff's assertion that the defendant supplied defective products to the plaintiff and caused damages to KRW 21,141,50,00, and owned them without returning the production equipment such as the paper for production provided by the plaintiff to the defendant for the production of the ordered product, thereby causing damages to purchase the equipment again. The defendant is obliged to pay the plaintiff the total damages amounting to KRW 31,706,50 and the damages for delay.

B. The transaction between the Plaintiff and the Defendant was terminated on January 2015, and thereafter, the repair of defects was completed upon the Plaintiff’s request for repair of defects.

In light of the fact that the products alleged by the Plaintiff caused defects on September 2015 after the last delivery by the Defendant, and that the Plaintiff continued to trade similar products with other companies even after the transaction with the Defendant was completed, the products where the said defects occurred are not products produced by the Defendant.

The production equipment provided by the Plaintiff is kept by the Defendant at all times, and has endeavored to return them to the Plaintiff, but it is not returned because the address of the Plaintiff is unknown or not received, and there is an intention to return them at any time.

2. As to the allegation of defects first, the evidence alone presented by the Plaintiff is insufficient to acknowledge that the products alleged by the Plaintiff were manufactured by the Defendant and supplied to the Plaintiff, and there is no other evidence to acknowledge this otherwise. Thus, this part of the Plaintiff’s assertion is without merit.

Next, as long as the defendant alleged that he/she had an intention to return at any time, the evidence submitted by the plaintiff alone constitutes a tort against the plaintiff by owning the above production equipment.

(2) the Corporation; or