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(영문) 인천지방법원 2020.09.09 2018나58892

손해배상(기)

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Of the judgment of the court of first instance, the plaintiff (Counterclaim defendant) who is equivalent to the amount ordered below to pay the principal lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells cosmetics films, and the Defendant is a company that develops, manufactures, and sells new materials products.

B. From April 2014, the Plaintiff commenced the transaction on the EVO H joint film produced by the Defendant.

The Plaintiff produced cosmetics films by using the EVO H joint film purchased from the Defendant, and there was no particular defect in the EVH joint film supplied by the Defendant or the cosmetics films produced by the Plaintiff at least ten times during the previous transactions.

C. The Plaintiff purchased 11,572,000 m from the Defendant around February 2016 820m x 16 rolls of EVOH 16m in size of 2500m from the Defendant, and purchased 11,880,000 in total and 23,452,000 in total, of EVO MH Gohap size of the same size around March 2016.

(hereinafter referred to as “the films of this case”) purchased during the above period: D.

The defendant delivered the film of this case to D as the representative of C, the intervenor assisting the plaintiff, according to the direction of the plaintiff.

D delivered to the Plaintiff the films (hereinafter “instant completed films”) which have undergone the process of voltageing and combining the DPE films and DPE films on the two sides of the film of this case.

E. On April 28, 2016, the Plaintiff discovered the dual separation phenomenon where the overlapping of films is separated (hereinafter “instant defect”) even if it was given several power during the process of cutting down the completion film of the instant case supplied by D, and notified the Defendant of the instant defect.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 1, 3 through 6, 11, 12 (including branch numbers; hereinafter the same shall apply) and images, and the purport of the whole pleadings

2. Determination on the main claim

A. The instant defects occurred in the completion films of this case due to the internal defects in the film supplied by the Plaintiff 1 to the Plaintiff.

Therefore, the defendant is liable to the plaintiff for a defect in the film of this case.