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(영문) 대구지방법원 2019.02.21 2017가단8477

손해배상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that sells food, etc.

The defendant is a company that manufactures various plastic containers.

B. On September 21, 2015, the Plaintiff and the Defendant trading Plaintiff ordered the Defendant to purchase 1t for storage of liquid (product name IBC-50G) 7 copies (product name IBC-50G) 2,233,000 won (hereinafter collectively referred to as “instant containers”).

The Defendant delivered the instant container at the seat of C Co., Ltd. (hereinafter “C”) (the company that processed plants upon commission of the Plaintiff and processed plants), which is the place designated by the Plaintiff.

C. On September 30, 2015, the leakage of the content of the instant container C was difficult to provide the Plaintiff with the food that was supplied to the Plaintiff on the instant container, and the content in the part of the lid was clearly known to the Plaintiff.

C transferred the entrance of the instant container to the Plaintiff by covering it with vinyl.

The plaintiff and the defendant (1) requested the payment of the price for the container of this case, but the plaintiff did not respond to the damage caused by the defect.

(2) On June 16, 2016, the Defendant applied for a payment order against the Plaintiff.

(Seoul Central District Court 2016j. 149043). From the appellate court of a lawsuit (Seoul Central District Court 2017Na5432) that was implemented by the Plaintiff upon the Plaintiff’s filing of an objection, conciliation was concluded on July 5, 2017 with the following contents:

1. (Plaintiffs) An amount of KRW 2,233,00 shall be paid to (Defendants) on condition that it shall be paid (within seven days after the judgment of the first instance court of this case or the mediation or a decision of recommending reconciliation that has the same effect as the judgment of the court of

(hereinafter omitted)

2. (Plaintiffs) withdraw the claim of set-off against damage claims caused by defects, and the plaintiff shall challenge (the defendant) in (the instant case).

(hereinafter) (3) The Plaintiff stored the instant container in the warehouse as it was received.

In addition, as a result of the inspection on January 2, 2019, the food contained therein was judged to be inappropriate in color, wind, organizing, appearance, etc. as food.

[Ground of Recognition] Unsatisfy, Gap evidence 1, 2, 8, and Gap.