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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. On January 24, 2013, the Defendant engaged in the business of manufacturing synthetic resin, etc. supplied the Plaintiff, who is engaged in the business of manufacturing electric wires and cables, with the LON-PVC DBU-400, for export on January 24, 2013, 5,000km on January 28, 20, and 1,028km on March 4, 2013 (hereinafter “instant dust”).
B. On January 25, 2013, the Plaintiff supplied 3,200 g of the instant dust supplied by the Defendant from the Defendant to the Scheon Electric Cable Corporation in China; on the 29th of the same month, the Plaintiff supplied 5,000 g of the instant dust in Vietnam; on March 5, 2013, the Plaintiff supplied NAN-PVC (DBU-400 CD) 1,060 g of the instant dust to the Scheon Electric Cable Corporation, respectively.
C. On May 30, 2013, the Plaintiff notified the Defendant of the fact that there was a defect in the cable manufactured in lux 23,24,25,28, 28, LOT Nos. 2013, 2013 among the instant lux.
In addition, the Sacheon Cable Co., Ltd supplied cables, etc. manufactured by the instant dust to Chinese local enterprises, such as food safety operators and ejacs, and requested the Plaintiff to compensate for the costs incurred therefrom on September 27, 2013.
[Ground of recognition] Facts without dispute, Gap 1 through 4, 7, 8, 11, 13, and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Defendant is obligated to compensate the Plaintiff for the above damages, since the Plaintiff suffered a loss equivalent to the amount stated in the purport of the claim, such as the return of the product from the customer, etc., due to the error that the Defendant produced the instant dust that the Defendant supplied the Plaintiff with excessive input of the additives, etc., and thereby caused the confusion in the finished product cables produced by the instant dust (hereinafter “instant cables”).
B. Determination Gap 18, 19, 20, 33, Eul 1, 3, 4, 5, and 9, respectively, and the video of the court of the first instance, and Lanchemmchemical Co., Ltd.