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1. Of the judgment of the first instance, the part against the Defendant (Counterclaim Plaintiff) shall be revoked, and that part shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is an individual entrepreneur who manufactures and retails the PVC films used for households, etc. with the trade name of “N,” and the Defendant is an entity that supplies flas (flas) and agents that are used to ensure that the PVC films do not fall easily to households, etc.
B. From February 2011, the Plaintiff, while making a transaction with the Defendant around August 201, suspended transaction. From around December 2011, the Plaintiff resumed transaction again from around December 201 to around July 201, and purchased Ras and agents from the Defendant.
(hereinafter referred to as the “instant goods”). (C) Flass and agents purchased from the Defendant from December 2, 201 to July 2012 are referred to as the “instant goods”).
The Plaintiff sold PVC films to each business partner who used the instant goods supplied by the Defendant, but it received a claim from each business partner that the aforementioned PVC films are not properly attached to the household, etc. and are well deteriorated (hereinafter “instant defect”).
On September 3, 2012, the Plaintiff notified the Defendant that there was a defect in the instant goods, and sent a certificate of content that seeks compensation for damages therefrom.
E. The Defendant’s price that was not paid by the Plaintiff for the instant goods is KRW 16,296,00 in total.
【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, Eul's 2, and 3, the purport of the whole pleadings
2. Judgment on the plaintiff's main claim
A. In light of the fact that no defect occurred in the products of the PVC film produced by the Plaintiff, which did not use the instant products, the instant defect appears to have occurred due to the defect itself supplied by the Defendant. The amount of damages that the Plaintiff is liable to compensate for to each of the business partners due to the instant defect reaches KRW 311,961,651, and thus, the Defendant is liable to compensate the Plaintiff for damages equivalent to the above KRW 311,961,651 and damages for delay.