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(영문) 서울고등법원 2014.05.16 2013나12145
손해배상(기)
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

Basic Facts

The defendant is a corporation that produces the original and extra-line copy heating panel, etc. of the trademark C, and the plaintiff is a merchant who imports and sells goods manufactured by the defendant with the trade name from Kazaktan to B.

On October 24, 2006, the Plaintiff entered into a contract with the Defendant to purchase and sell them exclusively from Kazaktan (hereinafter “the first sales contract,” and the first heating panel (“D model”) among the objects of the first sales contract. On March 24, 2007, the Plaintiff supplied them and sold them in Kazaktan.

The main contents of the above sales contract are as follows.

Article 1 (Terms and Conditions of Contracts) (1) B (referring to the plaintiff; hereinafter the same shall apply) shall place an order for 450EA (unit price shall be KRW 150,000 on the basis of Korean won) as D within 15 days after the date of the first-lane contract, and the payment shall be made in cash at the time of the order, and the balance shall be made within five months after the security is provided at the time of shipment.

Article 3 (Inspection of Products and Notification of Defects) (1) A shall, upon receipt of a product, conduct an inspection immediately within ten days after its arrival, and if any defect is found in the quantity or quality at the time of inspection, immediately notify in writing to A (referring to the defendant; hereinafter the same shall apply).

Products supplied by A shall be deemed to be completely defective if not notified by A.

(2) Upon receipt of the notification of defects under the preceding paragraph, A shall take necessary measures, such as exchange, repair, and reduction of prices for the relevant product.

(3) If a product is returned due to a serious defect in the quality of the product after the sale of the product, A shall be liable therefor.

On July 9, 2007, the plaintiff entered into the second sale contract with the defendant, again "the second sale contract", and "the D model and E model among the objects of the second sale contract" are "the heating panel of this case".

AB concluded the agreement.

The main contents of the second sale contract are as follows:

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