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(영문) 서울남부지방법원 2018.09.21 2017가단231106
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. On July 7, 2016, the Plaintiff, a company engaged in the manufacture, sale, export, and import, etc. of musical beverages, issued an order to request the supply of LAS by the Japanese Company C, and entered into a contract for the supply of goods on August 20, 2016, which is a part of the product ordered by the Defendant, with the DPS 60 LAS 300, E EA 300, F LA 450, G LA 300, G LA 300, HP 4450, and the H LA 4450, respectively (hereinafter “instant LA”). The unit price was KRW 1,900, and the payment date was August 20, 2016.

원고가 피고로부터 2016. 9. 13. 납품받아 그 외 다른 제품들과 함께 일본의 C 회사에 납품하였는데 2016. 11. 15. 위 회사로부터 위 G제품에는 거스러미가 붙어 있어 사용이 불가능하고, E, F, G, H 제품 모두 도금 불량으로 빨갛게 변색되는 하자가 발생하였다는 통보를 받았다.

C Company did not approve the delivery of the above products as a whole, as well as the above products supplied by the Defendant, and revoked the contract for the products that had already been ordered.

Therefore, since the Defendant supplied defective goods and the Plaintiff was cancelled not only the entire price for the goods but also the other goods that the Plaintiff had ordered in the future, the Defendant is obligated to compensate for such damages. The amount of damages is the total of KRW 15,682,500 equivalent to the price for the goods that the Plaintiff could have received from the C company if the Defendant supplied the defective goods, and KRW 88,508,500,000, the price for the goods that the Plaintiff could have received from the C company, and KRW 104,190,500,500.

B. The Defendant did not wish to supply the goods to the Plaintiff, and, on June 2016, the Plaintiff introduced the Plaintiff to the Plaintiff as a member of the LAG production company in China, and the Plaintiff ordered the instant LA to do so, and the instant LA would have become a well-known transaction.

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