손해배상
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff was engaged in the manufacturing and wholesale sales of electric sets with the trade name called C (the trade name was changed to D).
The defendant is the representative director of E (hereinafter referred to as “E”) and of F (hereinafter referred to as “F”) of E (hereinafter referred to as “E”).
G is the representative director of H Co., Ltd. (hereinafter “H”).
B. 1) On October 1, 2008, the Plaintiff entered into a contract with H to manufacture and supply the said I Electricity as the above raw materials when H supplied the raw materials and entrusted the processed production. 2) H decided to entrust the sale of the electric sets supplied by the Plaintiff to H to the sales chain E.
3) E and the Plaintiff on October 23, 2008 are Hyundai Home Shopping Co., Ltd. (hereinafter “Mo home shopping”).
B) As regards the sales contract between E and the Plaintiff, the sales contract between E and the Plaintiff for the sales of electric appliances through the sales broadcast of modern home shopping (hereinafter “instant sales contract”).
The main contents are as follows. Article 2 (Duty of Parties) of the Sales Agreement (Duty of Parties) ① Hyundai Home Shopping is to facilitate sales of E at the request of E and the Plaintiff. ② The E and the Plaintiff jointly and severally assume the responsibility for A/S and defects of the goods sold through Hyundai Home Shopping. Article 3 (Legality of Products) E and the Plaintiff guarantee that the goods conform to the relevant provisions, such as quality inspection, etc., and where any problem arises due to illegal matters, Hyundai Home Shopping is exempted from liability and bear all responsibility. Article 4 (Guarantee Insurance) ① The Plaintiff is to guarantee the performance of this Agreement, and the performance guarantee insurance for the performance of this Agreement shall be submitted to Hyundai Home Shopping within two days after the execution of this Agreement. 4) The Plaintiff shall submit the performance guarantee insurance for the performance of this Agreement with the guarantee insurance for the performance of this Agreement with the period of two years.