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(영문) 수원지방법원 2018.01.18 2017나3205
손해배상(기)
Text

1. The plaintiff's claim against the defendant-appellant is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff purchased vinyl of a special material from the Defendant to install a vinyl house to be used as a storage machine, and installed a vinyl house on June 22, 2015.

However, the said vinyl was not suitable for the purpose of installing vinyl as a vinyl with a defect in the quality that is easily teared in a small wind, and frequently exposed to sunlight, and Ddo as the Defendant’s human resources in charge, recognized the defects of vinyl and promised to replace it with another vinyl around September 2015.

However, on December 26, 2015, the Plaintiff was supplied with a new vinyl by the Defendant and performed the repair work. At that time, the swine pots stored in a vinyl house had been changed due to cooling damages.

Therefore, the Defendant’s transferee of the business from the Defendant is liable to compensate the Plaintiff for the damages incurred therefrom. As such, the Defendant’s transferee incurred damages on the aggregate of KRW 160,00,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,0000,000,000,000,0000,000,000,0000,000,000

2. Determination

A. The Defendant engaged in sales business of vinyl, etc. with the trade name of Eul, and the Plaintiff purchased 30 meters of vinyl from the Defendant to install a vinyl (hereinafter “instant vinyl”) and installed a vinyl on June 22, 2015, and the Plaintiff, around September 26, 2015, talked to the effect that the instant vinyl was teared to D, who is the Defendant’s son. Since then, the Plaintiff was supplied with a new vinyl from the Defendant on December 26, 2015, and performed the repair work of the vinyl. The Defendant’s number of intervenors acquired the business from the Defendant, and the court acquired the business from the Defendant on November 10, 2017 upon the Plaintiff’s request.

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