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(영문) 청주지방법원충주지원 2017.08.10 2016가합3492
구상금 및 손해배상(기) 청구의 소
Text

1. The part of the creditor subrogation claim in the lawsuit of the Plaintiff Businesso Korea Co., Ltd. shall be dismissed.

2. Defendant B.

Reasons

Basic Facts

A. On April 18, 2014, Plaintiff A (mutual “E”) entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on two kinds of parts for the Nexia vehicle (Article 9639386, 96251078, respectively; hereinafter “Class 1”, “part 1” and “Class 2”), 3,260 won per opening, and 3,550 won per opening (hereinafter “instant contract”).

B. The Plaintiff supplied the parts of the first and second parts supplied by the Defendant Company to the Plaintiff Estoto Korea Co., Ltd. (hereinafter “Plaintiff”), and the Plaintiff Company again supplied them to GM Uzbekistan, a corporation that assembled and renders production of the completed vehicles in the Uzbekistan State.

C. The Defendant Company subcontracted the manufacture of the parts of the first and second parts to the SPP Co., Ltd. (hereinafter “SPP”), and the water leakage occurred in some parts of the first parts 9,500, and the second parts 12,393 supplied by the Defendant Company from December 29, 2015 to April 27, 2016.

Part 1 and 2 is part of the component of the apparatus transmitting the voltage to the steering gear of a motor vehicle. In the event of the foregoing defects, there is a risk of fire in the vehicle or in the vehicle.

GM Uzbekistan, on May 10, 2016, demanded the Plaintiff Company to provide air transport by receiving the same kind of parts from F at the expense of the Plaintiff Company, on the ground of defects in the first and second parts, such as the foregoing sub-paragraph (c).

E. On June 10, 2016, GM Uzbekistan notified the Plaintiff Company that 9,50 parts 1 and parts 12,393 will be replaced, and the Plaintiff Company demanded compensation of USD 262,716 with the replacement cost.

F. On June 15, 2016, Plaintiff Company sent to Plaintiff A a document claiming compensation for damages under the following items:

Items (unit price) quantity (unit price).

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