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(영문) 서울고등법원 2015.12.08 2014나2027218
손해배상(기)
Text

1. The judgment of the first instance, including the Plaintiff (Counterclaim Defendant)’s claim on the principal lawsuit expanded by this Court, is as follows:

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells LED (ED) lighting fixtures.

Defendant Pakistan is a company that engages in the manufacturing and wholesale business of electronic equipment, and Defendant Pakistan is a company that runs the manufacturing and retail business of electronic equipment, and Defendant Pakistan is a company that runs the business of manufacturing and selling LED consortiums and other parts by establishing an investment by Defendant Pakistan on September 9, 2010.

B. From March 2009 to March 2012, the Plaintiff was supplied with electric power supply equipment (hereinafter “instant equipment”) from Defendant PPS of the Model Name PD240-DA9 (Swched Mode Pocing Group, exchange 100-250V converting the domestic electricity of 100-250 V into 36V, etc., which is necessary for the occupation of the Lordow’s lighting organization; hereinafter “instant equipment”). From September 2010 to March 4, 2012, Defendant Pakistan entered into a clinical processing contract on the assembly of the instant equipment with Defendant Pakistan and received the completed parts from the supply of them. From March 4, 2011 to March 4, 2011, Defendant Pakistan supplied the instant equipment manufactured by Defendant Pakistan with the agreement with the Plaintiff.

다. 원고는 거래처의 주문에 따라 이 사건 장치를 장착한 LED 조명기구 완제품의 형태 또는 이 사건 장치와 LED 램프를 개별포장한 형태로 거래처에 이를 납품하여 왔는데, 2011년 당시 원고의 거래처는 현대통신 주식회사, 주식회사 MCK코포레이션, 일본의 코요비지니스서비스(光陽ビジネスサビス) 주식회사, 니치에이인텍(日インテック) 주식회사, 주식회사 모아코퍼레이션(MORE Corporation)(이하 위 5개 거래업체를 순서대로 ‘현대통신’, ‘MCK’, ‘코요사’, ‘니치에이사’, '모아사‘라 한다) 등이었다. 라.

On August 18, 2011, the Plaintiff was notified of the occurrence of the phenomenon that the aforementioned device was damaged by a minor by the ED lighting fixture installed with the device of this case manufactured by the Defendant Pakistan from the Hyundai Communications, and thereafter, the nit director and the nit director.

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