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(영문) 대전지방법원논산지원 2017.07.20 2016가단3174
손해배상
Text

1. Defendant B’s KRW 15,00,000 per annum for the Plaintiff and 5% per annum from August 13, 2016 to July 20, 2017.

Reasons

1. Facts of recognition;

A. On April 2015, the Plaintiff purchased plastic vinyl (the name cracker Luxembourg 100) for the vinyl (the name cracker Luxembourg 100) produced by Defendant Heung Industry Co., Ltd. (hereinafter “Defendant Heung Industry”) from Defendant B in KRW 4,325,00, and installed four vinyls in the dry field located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and completed the work of promoting geographical power and installing internal facilities from April 2015 to August 2015. After planting the fluor of 10,000 to September 2015.

(B) The instant vinyl purchased by the Plaintiff is “the instant vinyl,” and the said vinyl as the said vinyl would be “the instant vinyl”).

From November 2015, the occurrence of a phenomenon in which the instant vinyl was able to form a diversule in the instant vinyl, which led to the occurrence of the said phenomenon. Accordingly, the said grandparent was unable to grow normally in the said vinyl house.

From around that time, the Plaintiff demanded Defendant B to replace the instant vinyl and replace the instant vinyl. On February 2016, the Plaintiff received a new vinyl and replaced the instant vinyl.

Since then, until the day of closing argument of this case, the above plastic house had been brought up normally from the above plastic house.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. The Plaintiff appears to be liable for the nonperformance of the obligation against the Defendant Heil Industry or the seller’s warranty liability.

However, even if examining the above facts of recognition, the Plaintiff’s contracting party is Defendant B, and the Defendant Heil Industries that produced and supplied the instant vinyl to Defendant B does not bear the above contractual liability against the Plaintiff.

Therefore, the plaintiff's claim against the interest industry cannot be accepted.

3. Claim against the defendant B

A. According to the above fact of recognition of the occurrence of liability for damages, it is recognized that the vinyl of this case contains defects that lack of function to prevent wintering phenomenon, and from November 2015 to February 2016.

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