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(영문) 대전지방법원 2015.12.08 2015나2131

물품대금

Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The plaintiff is a company that manufactures cans and containers for drinking beverages, and the defendant is a company that manufactures cans using cans and containers supplied by the plaintiff.

B. From June 2012, the Plaintiff supplied cans and containers to the Defendant. As of November 20, 2013, the Plaintiff did not receive KRW 37,640,004 out of the price.

[Ground of recognition] Unsatisfy, Gap 1-3 evidence (including virtual number), the purport of the whole pleadings

2. According to the above facts finding as to the claim on the main claim, the defendant is obligated to pay to the plaintiff the balance of the above goods 37,640,004 won and damages for delay calculated at the rate of 20% per annum from the day after the delivery of the copy of the complaint of this case to the day of full payment, as requested by the plaintiff.

3. Judgment on the counterclaim

A. In addition, from November 20, 2013, the Plaintiff unilaterally interrupted the supply of cans and containers from November 20, 2013. Accordingly, the Defendant suffered damages equivalent to KRW 5,182,487, a sum of KRW 25,182,487, and KRW 30,000, a sum of KRW 30,182,487, a sum of KRW 55,182,487, which was damaged the Defendant’s reputation and credit due to the defect and the Plaintiff’s tort, and thus, sought compensation for the damages and damages incurred therefrom.

B. A manufacturer, etc. who manufactures and sells 1-related legal goods to determine the claim for the cost of return due to leakage of cans and containers is liable to manufacture and sell a product with safety and durability within the expected range in light of the technical level and economic feasibility at the time of distribution in light of the structure, quality, performance, etc. of the product, and the consumer is liable to compensate for damages due to defects in safety and durability.

And the goods have been manufactured and sold.