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(영문) 서울서부지방법원 2018.08.23 2017나38710

손해배상(기)

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Basic facts

A. On November 17, 2013, the Plaintiff concluded a sales contract with the Defendant on the printing machines indicated in the order that the Defendant sold (hereinafter “instant printing machines”).

However, in order to reduce the burden of lump-sum payment of the purchase price, the Plaintiff entered into a lease agreement with IBK on December 30, 2013 (hereinafter “IBK”) with IBK, with the ownership of the printing machine of this case, and from December 30, 2013 to December 25, 2015, with the acquisition cost of the printing machine of this case divided into KRW 24,480,000, and with the content that IBK lent the printing machine of this case.

Around that time, the Defendant received the payment from IBK for the printing machine of this case.

B. On the other hand, the Plaintiff started to use the instant printing machine on November 27, 2013.

However, from the date of use to December 23, 2012 from the date of use, the Plaintiff asserted a foreign color phenomenon of printed matters printed from the printing machine of this case eight times, and requested the Defendant to repair the printing machine of this case.

The defendant and the printing company, the import company of the printing machine of this case (hereinafter referred to as the "OSC") made efforts to match the color of printed materials printed out from the printing machine of this case to the level desired by the plaintiff at the request of the plaintiff to send the staff in charge to the plaintiff's office.

C. Of that, around December 30, 2013, the Plaintiff prepared the document “return of 1638W2 equipment” (hereinafter “documents of this case”) with Defendant’s employees B, and the said document will lead to a failure to prove technical improvement after the work of the profiling technology department or a return of a quality complaint upon satisfaction with the Plaintiff’s failure to prove technical improvement after the work of the profiling technology department.

Details-

2. The content of "non-disclosure" is written in outdoor advertising and Internet media.

The defendant shall write the name B of the document of this case.