손해배상
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
The defendant.
Facts of recognition
The pertinent Plaintiff of the parties is a person engaged in the manufacture of electric sets and wholesale and retail business.
(The Plaintiff’s trade name was changed to “C” (hereinafter “D”). G is the representative director of H and the actual operator of JJ Co., Ltd.
(hereinafter referred to as “G management company.” The Defendant, who is the representative director of E and F Co., Ltd. (hereinafter referred to as “Defendant management company”) and the above companies engaged in home shopping business such as Hyundai Home Shopping Co., Ltd. (hereinafter referred to as “Mo home shopping”) and manufacturers.
On October 1, 2008, the Plaintiff supplied electric sets with materials necessary for the production of electric sets from G management companies, and supplied them to G management companies, and the Defendant management company with Gap evidence No. 14 entered into a contract for selling the electric sets through home shopping.
In the above contract, G management company agreed to assume responsibility for the defect of the product against the defendant management company.
On October 23, 2008, the Plaintiff and Hyundai Home Shopping entered into a sales contract under which Hyundai Home Shopping Co., Ltd. sell electricity supplied by the Plaintiff and Defendant Management Company (hereinafter “instant sales contract”).
(A) At the time, G management company could not obtain a guaranty insurance policy due to a credit problem, and the Plaintiff appears to be a contracting party and a guaranteed policyholder (Records 132 pages). The Plaintiff and the Defendant’s management company jointly and severally assume the liability for the defect of goods in the above contract. The Plaintiff submitted a performance guarantee insurance policy using KRW 300 million as the guaranteed insurance policy to Hyundai Home Shopping for the performance security of the above contract.
(hereinafter “instant guarantee insurance”). G management company and Defendant management company shall be from October 24, 2008 to December 4, 2008.