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(영문) 수원지방법원안산지원 2016.04.20 2015가단113163
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is engaged in the business of manufacturing parts with the trade name of “C”. 2) The Defendant entered the office of “C” on July 2005 and took charge of the business management as the head of division and the vice head from July 2011. On April 1, 2014, the Plaintiff was promoted to the head of division and was on April 2015.

B. On April 21, 2014, the Plaintiff claiming damages from the Customer

6.2. D Co., Ltd. (hereinafter referred to as “D”) supplied HFM SN-2B33 (hereinafter referred to as “instant parts”) on the upper part of the contact Denmark used for electrical equipment to D Co., Ltd. (hereinafter referred to as “D”).

2) On July 23, 2014, D notified the Plaintiff that “The Plaintiff incurred total loss of KRW 44,905,842 in the instant parts due to the defect of short water leakage in the part.” This would offset the Plaintiff’s price of supply.” (C) The Plaintiff and D’s damages 1) are as follows.

The damages amount of port damages amounted to KRW 40,000,000.

2) The Plaintiff paid KRW 40,000,00 to D on October 1, 2014, from January 5, 2015 to January 5, 2015. 【No dispute over grounds for recognition, the entries in Gap’s evidence Nos. 1, 2, 6, and 7, and the purport of the entire pleadings.

2. Summary of the plaintiff's assertion

A. The instant parts must be made up of 3 palkings.

However, even though the defendant received a report from E, F, etc., a production-based employee, that 4 malking should not be made, the defendant ordered 4 malking to make the parts of this case.

In addition, the defendant operated the part of the plaintiff's report on inspection of parts as "satisfic intensity" as "satisfic intensity" and submitted it to D.

The defendant's error caused a defect in the part of this case, and there is a defect in D's product manufactured using the part of this case.

B. Accordingly, the Plaintiff, as the Defendant’s employer, paid KRW 40,000,00 to D damages (Article 756(1) of the Civil Act). Thus, the Plaintiff shall exercise the right to indemnity against the Defendant.

(Article 756(3) of the Civil Act).3. Judgment

(a) permanent metal materials, such as a glimatic steel board, used for the instant part.

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