(영문) 인천지방법원 2013.01.08 2010가합16782

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(영문) 인천지방법원 2013.01.08 2010가합16782

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the parties is a stock company producing original out-of-the-counter copies heating panel, etc., and the Plaintiff is a merchant who imports and sells goods manufactured by the Defendant with the trade name from Kazaktan to B.

B. On October 24, 2006, the Plaintiff entered into the first sales contract with the Defendant, and entered into a contract with the Defendant to purchase and exclusively sell “C”, which is the original heating panel of the Defendant’s production from the Defendant (hereinafter “first sales contract” and “D model among the objects of the first sales contract”.

(2) The first sale contract includes the following:

Article 1 (Terms and Conditions of Contracts) (1) B (referring to the plaintiff; hereinafter the same shall apply) shall place an order for 450EA (unit price shall be KRW 150,000 on the basis of Korean won) as D within 15 days after the date of the first-lane contract, and the payment shall be made in cash at the time of the order, and the balance shall be made within five months after the security is provided at the time of shipment.

Article 3 (Inspection of Products and Notification of Defects) (1) A shall, upon receipt of a product, conduct an inspection immediately within ten days after its arrival, and if any defect is found in the quantity or quality at the time of inspection, immediately notify in writing to A (referring to the defendant; hereinafter the same shall apply).

Products supplied by A shall be deemed to be completely defective if not notified by A.

(2) Upon receipt of the notification of defects under the preceding paragraph, A shall take necessary measures, such as exchange, repair, and reduction of prices for the relevant product.

(3) If a product is returned due to a serious defect in the quality of the product after the sale of the product, A shall be liable therefor.

C. 1) On July 9, 2007, the Plaintiff entered into the second sales contract with the Defendant for the said “C” (hereinafter referred to as the “second sales contract”) and “the heating panel of this case, including D model and E model among the objects of the second sales contract.”

2) The Agreement was concluded.

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