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(영문) 서울중앙지방법원 2015.10.14 2014가합595411
손해배상 청구의 소
Text

1. The Plaintiff (Consolidated Defendant) is the Defendant (Consolidated Plaintiff)’s 156,536,930 won and its related amount from October 1, 2014 to December 9, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company whose purpose is to install solar power generation facilities, etc., manufacture, and wholesale and retail business, and the Defendant has supplied the Plaintiff with a wooden set for overseas delivery since March 2009, as a company aimed at manufacturing and selling various processed wood products.

B. From November 2013, the Plaintiff, from Germany’s solar business chain, intended to supply solar strings to ABC AG and Schco International KG (hereinafter “Schco International KG”); and around January 2014, requested the Defendant to manufacture a wooden string necessary for the solar string delivery.

C. The Plaintiff used a timber strike supplied by the Defendant for transporting solar racks to ABS and Scco racks in Germany. However, Scco racks and Scco racks were delivered to the above solar racks contaminated with myco, and the Plaintiff demanded compensation for damages to the Plaintiff. The Plaintiff paid ABS racks No. 742,280.49 U.S. (Korean Cracks No. 1,002,219,694 won, and exchange rate standard on December 19, 2014; hereinafter the same shall apply) to Scco racks, and Scco racks No. 11,250.84 won (Korean Scco 15,190,71 won).

[Ground of recognition] 1, 2, 4, 11 evidence Nos. 1, 3 and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The gist of the Plaintiff’s assertion is that the Defendant supplied the Plaintiff with defective timber so that the Plaintiff did not properly build and control the disease, and the Plaintiff used the above scrap so that the Plaintiff damages KRW 1.5 billion to the said German company on the wind, where the solar sloaks generated from the above scrap caused damage to or contaminated by the solar sloaks in the process of transporting solar sloaks to German companies by sea using the above wave.

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