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(영문) 제주지방법원 2015.03.27 2014가단9730
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A. On December 23, 2010, the Plaintiff entered into a sales contract with CContacdo to install two troke pumps-type 30,000 won at the same 107 dong, and to receive 70,000,000 won at the purchase price.

The Plaintiff requested the Defendant to manufacture a public freezing pumps installed in the Ccondo and paid manufacturing costs.

B. Around January 16, 2011, the Plaintiff installed a public-managed pumps manufactured by the Defendant in the above container 107 Dong.

However, as a result of the trial run around that time, the above public freezing pumps did not have any efficiency as set forth in the above sales contract.

C. On February 11, 2011, the Plaintiff sent to the Defendant an e-mail containing the following contents: “If the Plaintiff is going to open a test over one year and to the market, it would be at the risk of doing so. It is all the world to deliver all the completely completed products from the beginning.”

On February 21, 2011, the Plaintiff removed the same public-managed pumps from the above container upon the request of Cmixed.

E. Around January 2013, the Defendant: (a) sold a public freezing pumps to the Plaintiff’s president D by January 30, 2013; and (b) prepared a letter stating that the Plaintiff is responsible for A/S.

F. On February 20, 2013, the Plaintiff served a written notice on the Defendant to compensate the Defendant for the damages of KRW 73,841,00,00, such as manufacturing costs due to the defect of a public freezing pumps.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 10, 50, 51, Eul evidence No. 1, and the purport of the whole pleadings

2. Determination

A. On January 201, 201, the Plaintiff’s assertion that the Defendant manufactured and supplied a public freezing pumps with substantially low performance to the Plaintiff. As if the Defendant could produce a public freezing pumps with exaggerated performance, the Plaintiff by deceiving the Plaintiff, thereby incurring losses as follows.

Therefore, the defendant is liable to compensate the plaintiff for the following damages:

(1) The damage caused by the manufacture, removal, etc. of a troke pumps installed in Ccondo (hereinafter referred to as “first damage”).

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