물품대금
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
1. The reasoning of this court’s judgment citing the judgment of the first instance court is as follows, except for the rejection of the part of “A. judgment” in Article 4-6 of the judgment of the first instance, and therefore, it is consistent with the reasoning of the first instance judgment, thereby citing it as it is in accordance with the main sentence of
"If the product supplied to the buyer by the seller has ordinary quality or performance, the product does not have the quality or performance required by the working environment or circumstances.
In order to recognize that there is a defect, it should be acknowledged that the buyer explicitly or implicitly guaranteed and supplied the goods with such quality and performance in relation to demanding the supply of the goods having the quality or performance necessary for the environment or situation while explaining the working environment or condition of the goods to be used by the seller.
(2) In order to impose liability for extended damages on the seller on the ground that any defect in the subject matter of sale has caused extended damages or secondary damages, the seller should be able to recognize the cause attributable to the seller for the breach of the duty not to deliver the defective object, in addition to the breach of the duty not to deliver it, and the seller should be able to recognize the cause attributable to the seller for the breach of the duty.
(대법원 1997. 5. 7. 선고 96다39455 판결, 2003. 7. 22. 선고 2002다35676 판결 등 참조). 피고의 주장은 이 사건 접착제가 통상의 품질이나 성능은 갖추고 있으나 다만 피고가 제작하는 유연한 LED 모듈에는 적합하지 않은 접착제였다는 것이므로, 이 사건 접착제에 하자가 있다고 평가할 수 있으려면 피고가 원고에게 종전에 사용하던 헨켈사의 접착제와 같은 품질과 성능을 갖추고 있는 접착제를 요구하거나 이 사건 접착제가 사용될 제품에 관하여 설명하면서 그 생산에 적합한...