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(영문) 수원지방법원 2018.08.08 2017가단508037
손해배상(기)
Text

1. The Defendant’s KRW 38,00,000 as well as the Plaintiff’s annual rate of KRW 6% from August 25, 2015 to August 8, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs a trade business with a foreign company, including China, in the trade name of “B,” and the Defendant is a company that runs the business of manufacturing and wholesale business in the so-called “B.”

B. On October 2014, the Plaintiff entered into a contract for the supply of goods (hereinafter “instant contract”) with the Defendant to purchase 5,560m industrial films (15,560m (hereinafter “instant goods”) at KRW 56,883,99 (15,560mx 3,655m). The Plaintiff was supplied with goods by paying the price under the said contract.

The Defendant supplied the instant goods from the original place of the Plaintiff, a manufacturer, (hereinafter “original place”) and sold them to the Plaintiff.

C. The Plaintiff supplied the instant goods to China’s trading company (hereinafter “China”).

Around January 9, 2015, the above Chinese company reported the Plaintiff that there was a defect in the white line (i.e., the “Hraeat defect”; hereinafter the “instant defect”) that occurred in the instant industrial film as a result of the crypting the boiler outside the boiler with the instant product.

Accordingly, the Plaintiff notified the Defendant of the above fact on January 9, 2015.

The defect of this case refers to the phenomenon in which the white reduction occurs in films in the process of attaching industrial films to the strong board, and this can be seen as the strong board attached with films.

Accordingly, the defendant made the goods of this case and notified the original place supplied to him of the occurrence of the defect, and suggested that the plaintiff will discuss the solution of the problem after confirming the original place.

E. The Plaintiff returned the instant goods and the boiler manufacture steel plate attached to the instant goods from the said Chinese company, and stored them in a warehouse in China. The Plaintiff delivered the instant goods kept in custody, the photographs of the boiler board, and the boiler steel plate sampling (the attachment of the instant goods) to the Defendant.

F. The defendant's original place and whether there was any defect in the instant goods.

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