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(영문) 서울중앙지방법원 2016.07.21 2015가단5297606
손해배상(기)
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 Plaintiff from the Defendant on May 19, 2015 and the same year

6.1. One. Two times, the prime unit (the prime unit: Chalp; hereinafter the instant prime unit) was supplied in the amount of KRW 5,529,000 in the amount of goods.

B. The Plaintiff produced Chapter 99 of the clothes 999, which the Plaintiff received from the penal district corporation (hereinafter “patch”) using the instant original body, and supplied the clothing produced at the end of May 2015, to the penal district.

C. However, the Plaintiff returned 650 clothes to the Plaintiff on the ground that the original parts of the clothing supplied by the Plaintiff fall short of ordinary standards and that it is a return clean.

[Ground of recognition] Facts without dispute, entry and video of Gap evidence 2 through 7, entry of Eul evidence 1, purport of whole pleadings

2. The assertion and judgment

A. The original body of this case supplied by the Defendant for the Plaintiff’s assertion that there was a defect that does not meet the standard of resistance against the Plaintiff’s Morse (mause). The Plaintiff suffered damage from return of the goods from the paper where the Plaintiff supplied the clothing produced due to the defect.

Therefore, the Defendant is liable to compensate the Plaintiff for the total amount of KRW 16,210,584, including the damages incurred by the Plaintiff due to the defect in the original unit of this case, namely, the amount of KRW 13,650,00 (=2,100 x 650 x 650), the product text cost used for the returned clothes (=135 x 650 x 650), and the cost of consumer heating treatment (=31,703 x 78 x 78).

B. In light of the judgment, the Plaintiff filed the instant claim on the premise that the Plaintiff was returned from the place of the original gate, which was completed due to the defect or defect of the original body supplied by the Defendant, from the place of the original gate.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize the existence of defects or defects in the original body of this case sold by the Defendant, which fall short of the quality of the original body as determined by the original party, and there is any other evidence to acknowledge them.

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