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(영문) 서울중앙지방법원 2020.05.27 2019나54728

손해배상(기)

Text

1. Of the part against Defendant D Co., Ltd. in the judgment of the court of first instance, the amount of payment order under paragraph (2) is applicable.

Reasons

1. Basic facts

A. B Co., Ltd (hereinafter “Defendant B”) is a company that imports and sells dump trucks, etc. manufactured at the head office Sweden E, regardless of whether they were merged with Defendant C Co., Ltd. on October 10, 2017; hereinafter “Defendant B”).

B. Defendant B implements a policy to provide a certificate of free landing (hereinafter “coophone”) that allows customers who purchase dump trucks, etc. to install an automatic covering device free of charge to customers if they wish to do so.

In other words, Defendant B entered into an agreement with FF and G Co., Ltd. (hereinafter referred to as “the above two companies”) with the capacity to install automatic cover devices, and (1) if the customer selects one of the Convention companies and designates one of the designated places in the list of its agencies, the Defendant B is entitled to install automatic cover devices at the relevant Convention Company’s agencies, and (2) the customer is entitled to establish automatic cover devices by visiting the Convention Company’s agencies at his option and presenting cphones without compensation, and (3) if the Convention Company collects installation costs from the Defendant B by gathering cphones, the Defendant B would pay it to the Convention Company.

Defendant D Co., Ltd. (hereinafter “Defendant D”) is one of the agencies as the F’s temporary suspension of business, which is the Convention Company.

C. Around January 2012, the Plaintiff purchased a 25.5 tons dump truck (vehicle number I; hereinafter “instant vehicle”) from Defendant B in KRW 190,000,000, and additionally purchased two dump trucks on the same day.

(Motor number J, K). (d)

At the time of the purchase, the Plaintiff was issued by Defendant B the coophones that could designate the “F” corporation from among the Convention Company F and install the automatic covering device without compensation by designating the “B” (referring to Defendant D) in its agency list.

F Co., Ltd. shall be installed in dump trucks to Defendant D.