logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.10.07 2013가단93813
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant operates the business of supplying lighting fixtures, etc. installed in tourist buses with the trade name of “C”, and D is engaged in the manufacturing of lighting fixtures with the trade name of “E” as the Defendant’s private village.

B. D manufactured and supplied to the Defendant PCB (referring to the machine board forming the body circuit on the surface or inside the exhauster board to connect parts on the basis of Printed Ciritcard and circuit design) entered into a tourist bus lighting, etc., as follows:

① From May 2012 to June 2012, 200 PCB 500 (hereinafter “the first supply”) ② From around May 2012 to around June 2012, PCB 1,000

C. With respect to each of the instant supply, D issued a total tax invoice of KRW 194,810,147 to the Defendant [the tax invoice of KRW 69,194,411 (Evidence 3-1 of May 31, 2012), KRW 55,352,356 (Evidence 3-2 of May 31, 2012), KRW 69,988,380 (Evidence 3-3 of the Evidence A), KRW 275,00 (Evidence 3-4 of the Evidence 3-4 of the Evidence 275,00 on September 28, 2012) (the total amount of KRW 10,50 on June 4, 2013)]. D received the payment from the Defendant as the total amount of KRW 10,50 on the goods from around December 27, 2011 to around June 4, 2005

D and the Plaintiff entered into a contract with D on November 15, 2013 to transfer and take over the remaining claims against the Defendant, and D notified the Defendant of the assignment of claims by means of content-certified mail on November 21, 2013.

E. The Defendant held several consultations on the improvement of the above problems between D and D while the PCB supplied after the bus was installed in the bus and the ship was cut down in the middle or the fire occurred.

Accordingly, the defendant is found to be defective in the PCB supplied by D on May 6, 2015 while the lawsuit of this case is pending.

arrow