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(영문) 수원지방법원 2015.06.12 2013가합22426

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts that the defendant is obligated to compensate the plaintiff for the above damages, since there was an excessive input of the additives in the process of producing the criticism dust (DBU-400, hereinafter "the instant criticism dust") that the defendant supplied to the plaintiff, and the phenomenon occurred in the cable of finished products manufactured by the above criticism dust (hereinafter "the instant cable"), and the damage equivalent to the amount stated in the purport of the claim, such as the return of products from the customer, occurred.

In regard to this, the defendant asserts that the phenomenon of integrativeization in the cable of this case is not due to the defect of the criticism of this case, but due to the pollution of integrative ingredients in the process of producing finished products by the plaintiff, and that the defendant is not liable for the above integrative phenomenon.

2. Comprehensively taking account of the overall purport of the arguments in the statements and videos Nos. 1, 3, 4, and 5, the Plaintiff supplied the Defendant with a wire and cable manufacturer and produced mobile phone cables with a dust from criticism, etc., and it can be acknowledged that there was a white phenomenon from the outer edge of the instant cable produced with a dust from criticism.

However, the following circumstances are revealed in Eul evidence Nos. 1, 4, and 5, the fact-finding results in the fact-finding on the Elmchemical of this court, i.e., the cable cable’s external white field using the transferred smoke system, i.e., the fact that there has been a white phenomenon, ii) the transfer smoke system is more easily decomposed than other incombustible materials, and ③ the plaintiff produces the smokeless cables and sculatory cables through the crying process in the same facilities, and ④ As a result of the analysis on the outer sculption of the cable of this case, it is found that the ingredients of the cable were detected within the clothes of the cable.