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(영문) 부산지방법원서부지원 2019.08.13 2018가단110934
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 is a person who manufactures a double theater with the trade name of “C,” and the Defendant is a person who produces industrial rupture, etc. under the trade name of “D.”

B. Around August 2017, the Plaintiff requested the Defendant to manufacture and install the ready-mixed pool in KRW 550,000,000 on the luminous channel (hereinafter “the instant luminous channel”). Around August 7, 2017, the Defendant produced and installed the above sub-mixed pool, and the Plaintiff paid KRW 550,00 to the Defendant around that time.

C. After doing so, the Plaintiff demanded the Defendant to replace the ready-mixeds installed in the instant light with the pipe pipe. Accordingly, the Defendant received KRW 188,100 from the Plaintiff and replaced the above ready-mixeds with the pipe pipe around October 18, 2017.

The Plaintiff newly produced the instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant shapeds on October 20, 2017, and around that time, the Plaintiff produced and installed the instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant shapes, and the Plaintiff paid KRW 50,000 to the Defendant.

E. On December 7, 2017, the Plaintiff demanded the Defendant to substitute the instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant shape with a pipe pole. On December 7, 2017, the Defendant: (a) received the instant instant instant instant instant instant shape shape by replacing the instant instant shape with a pipe pole; and (b) received the instant shape installed on the instant instant instant mobile type shape.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 9, 11, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 that the Plaintiff made and set up a strawer that can maintain the temperature of 400 degrees east to the Defendant.

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