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(영문) 울산지방법원 2020.06.26 2019가단104128

손해배상(기)

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 5,940,000 to the Defendant (Counterclaim Plaintiff) and its related amount from September 1, 2017 to June 26, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff’s manufacture and the Do of the interior decoration.

Companies are companies with the purpose of retail business, and the defendant is companies with the purpose of manufacturing chips and manufacturing and selling wood products.

B. On January 5, 2017, the Defendant sold to the Plaintiff KRW 5,984,00 for the purchase price of KRW 5,984,00, KRW 200 for the purchase price of KRW 5,940,00 for the purchase price of KRW 200 for April 27, 2017, and KRW 5,940,00 for the purchase price of KRW 20 for August 31, 2017.

On August 31, 2017, the Plaintiff did not pay KRW 5,940,000 to the purchase price supplied by the Defendant.

C. The pre-finished materials sold by the Defendant to the Plaintiff are semi-finished products that did not undergo a processing process to be used as floor or walling materials.

The plaintiff processed the board supplied by the defendant, produced the prefabricated-type panel product, supplied it as materials to C, which carries out the school interior work, and constructed a prefabricated-type panel from May 2017.

E. However, from September 2017, there was a problem that gushes each part of the dunes of the wall panel installed as above.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 2 through 8 and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s defective supply of the product caused property damage equivalent to KRW 91,934,200 in total as indicated in the attached Form, such as the Plaintiff’s failure to receive the price of goods from C or refund to the said company, and disbursement of the cost of handling defects, and the Plaintiff’s industry confidence was damaged.

Therefore, the defendant is obligated to pay the plaintiff a total of KRW 141,934,200,000,000 for property damage and consolation money, and damages for delay.

B. It is difficult to acknowledge that there was a defect in the products supplied by the Defendant to the Plaintiff solely with the descriptions and images of the evidence Nos. 3 through 5.