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(영문) 부산지방법원 2019.09.25 2019나40512
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Basic facts

A. The plaintiff is running the construction business of civil engineering works, etc., and the defendant is operating the manufacturing business of plastic and shower, etc. for building.

B. From July 7, 2016, the Plaintiff entrusted the Defendant with the production and supply of windows necessary at the construction site, such as C Training Institute, D Urban Housing, Shograph E, and Yangsan F Electric Source Housing.

C. On April 15, 2017, the Plaintiff issued a tax invoice for the supply of the title equivalent to KRW 9,905,860 (including value-added tax) (hereinafter “instant title”) to the Defendant on the basis of “the price for a window and a window,” and paid KRW 1,50,000,000 for the same day and April 26, 2017, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion of this case is an inferior product, and the defendant did not deliver some even even even even even though the defendant did not deliver the even number of doors and shocks.

In addition, since April 27, 2017, the defendant rejected the plaintiff's request for additional delivery.

Therefore, the defendant should compensate the plaintiff for the damages caused by the defect in the windows delivered to the plaintiff and the refusal of delivery.

B. The plaintiff alleged by the defendant issued a tax invoice equivalent to the above 9,905,860 won after being supplied with the title of this case by the defendant, and did not raise any objection to the quality until that time.

Rather, the Plaintiff is obligated to pay to the Defendant the total of KRW 6,405,860 for the remaining price for the supplied goods and KRW 3,027,032, which is equivalent to the price for the goods that were ordered by the Plaintiff but failed to be supplied due to a cause attributable to the Plaintiff, 9,432,892.

3. Determination

A. The evidence presented by the Plaintiff as to the claim on the merits of this case alone is insufficient to establish a defect in the title of this case.

It is insufficient to recognize that it is caused by the defendant's fault, and there is no other evidence to acknowledge it.

The Plaintiff also has a even number of doors and shocks omitted from the title of the instant case.

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