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(영문) 춘천지방법원 2018.11.28 2016나53576
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. A. Around March 2013, the Plaintiff, a Chinese corporation, intended to import and sell the calcium snow preparations from QINGAO S.C. H.B NTWS CO and LTD (hereinafter “China corporation”).

B. On August 16, 2013, the Plaintiff collected samples of the snow removal chemicals imported, and requested the Korea Environmental Industry and Technology Institute to conduct an environmental mark certification test.

On September 10, 2013, the Korea Environmental Industry and Technology Institute issued a test report on the test results, stating that the corrosion corrosion is 10%.

(hereinafter “The First Test”). The president of the Korea Environmental Industry and Technology Institute issued a certificate of eco-label (from October 7, 2013 to October 6, 2015) on October 7, 2013. (c) On October 21, 2013, the Plaintiff entered into a contract for importing from a Chinese corporation an amount of USD 195,000 tons of the snowoium in the US$195,000 (hereinafter “the instant import contract”). The instant import contract should be filed within 40 days after the arrival at the destination of the transported goods.

D. The Defendant, on November 6, 2013, prepared a joint and several sureties statement that he/she would be jointly and severally liable with Chinese corporations for all the obligations arising in relation to the import contract of this case (hereinafter “instant letter”). E. The Plaintiff failed to sell all the snow materials imported under the import contract of this case (hereinafter “instant snow materials”) within the certification period for eco-labels. On September 2, 2015, the Korea Environmental Industry and Technology Institute again requested an environmental mark certification examination to the Korea Environmental Industry and Technology Institute. On December 1, 2015, the Korea Environmental Industry and Technology Institute issued a test report that the strong corrosion is 55.2% (hereinafter “the second examination”). The Korea Environmental Industry and Technology Institute rejected the issuance of an eco-label-related environmental mark certification standard on December 10, 2015 (hereinafter “the second examination”).

[Ground of recognition] Unsatisfy, Gap 1 to 3, .

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