손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a person who produces and sells boxes, etc. under the trade name of “C,” and the Defendant is a person who supplies a box for packaging at the retail store selling rice, Korean rice, and waste white foods, etc., with the trade name of “D” in the light market.
B. On June 18, 2015, the Plaintiff entered into a contract with the Defendant for the supply of goods (hereinafter “instant supply contract”) with the content that the Plaintiff shall pay the Defendant a down payment of KRW 20 million out of the total supply price of KRW 85 million on August 28, 2015, and the remainder amount of KRW 20 million on July 10, 2015 (hereinafter “instant supply contract”), and received from the Defendant a down payment of KRW 20 million on July 10, 2015.
C. From July 14, 2015 to November 10, 2015, the Plaintiff supplied the Defendant with 4,328 single booms worth KRW 18,376,000.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion (1) is liable to pay the remainder amount of KRW 65 million as the remainder of the goods price or damages for delay, as the remainder of the goods price, or damages for delay, on the ground that the Plaintiff requested the Defendant to accept the remainder of the boxes and pay the remainder of the boxes, after manufacturing one box for packing amounting to KRW 85 million under the instant supply contract and supplying KRW 4328,00,000.
(2) The Defendant’s shape attached to the instant box’s cover was easily lowered or was easily damaged, and the bottom floor of the instant box was under significant defects, such as the occurrence of the phenomenon at the time of inserting rice rice, and most of the above boxes supplied by the Defendant to the retail store for rice, etc., and the rest of the boxes cannot be sold to another retail store by the Defendant due to the foregoing defects.