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(영문) 서울중앙지방법원 2015.04.07 2013나54627

손해배상(기)

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On November 23, 2010, the Plaintiff (the National Archives of the Republic of Korea) entered into a purchase contract with the Defendant, a seller of records disinfection chemicals (hereinafter “instant contract”), and on December 22, 2010, supplied 37,78,000 goods price to the Defendant on December 27, 2010.

Among the relevant statutes and the terms of the contract of this case, the following matters shall be as specified in the attached Form.

Before entering into the instant contract, the Plaintiff demanded an authorized testing institution to submit a test report meeting the disinfection effect (i.e., microbial (mea and fungus) germs and 100% fungum fungum (fungus) after disinfection, and there must be no birth for five days after disinfection, and insect pests must not move 2 hours after disinfection).

The defendant, at the Korea Testing and Research Institute of Chemical Convergence (hereinafter referred to as the "KTR"), requested Fungibiology tests to the Institute of Agricultural Research in the Chungcheongnamnam University, requested the Institute of Agricultural Research in the Chungcheongnamnam National Agricultural Research to examine the insect insects of the insect insects, and received a test report as shown below (hereinafter referred to as the "Defendant test report") and submitted it to the plaintiff.

The number test of the report on the test of disinfection equipment on the test agency test results of the test of the number test conditions, and the 20-TB-006 disinfection for 20-hours.

A. Ngrmoth (100%) No No. 20 hours of 20 hours of disinfection for 20 hours of Garowth (100%) BM-60A 2010-TBH-00617 disinfection chemicals

A. at least 99.9% of ngler, using one 20-CNU-00709 disinfection medication for at least 20 hours in the Republic of Korea Agricultural Research Institute BM-400AC 2010-CNU-00709.

L. (Faccinal U.S.) The Plaintiff, while using the instant disinfection agents supplied by the Defendant, requested the TPP to test the costs of KRW 8,543,700 in order to verify the effects of disinfection, around December 201, and conducted a test from December 19, 201 to January 26, 2012.