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(영문) 의정부지방법원 고양지원 2017.01.19 2015가단92573
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On April 29, 2013, the Plaintiff ordered the Defendant to manufacture showers, which are parts of the shower. The Defendant manufactured the above goods and supplied 3,125 items on May 31, 2013, 18,800 items on June 18, 2013, and 3,90 items on July 31, 2014 to the Plaintiff. The Plaintiff is liable to compensate the Plaintiff for damages arising from the Defendant’s nonperformance of the obligation as the price for goods. However, the Plaintiff was not liable to compensate the Plaintiff for damages arising from the Plaintiff’s nonperformance of the obligation, on the grounds that the price for goods was 13,00,000 won on May 3, 2013, 201, 20,475,000 won on June 21, 2013, 200,000 won on August 30, 2013, 2057, 2005.

2. On the judgment of the defendant's assertion, the defendant asserts that there is no defect in the plaintiff's assertion or has already been cured since there is no problem in the actual use even though the defendant manufactured the pre-sale as the goods supplied by the defendant, and this circumstance is explained to the plaintiff, and the plaintiff transferred the proceeds of goods and received the additional products without raising any objection.

Around August 29, 2013, the Plaintiff became aware that the goods supplied to the Defendant had been produced differently from the design drawing presented by the Plaintiff, which was the next day of August 30, 2013, and paid KRW 20,000 as the price for goods to the Defendant on or around July 31, 2014, where approximately one year has passed after being additionally supplied to the Defendant on or around September 1, 2014; the Plaintiff paid KRW 12,200,50 as the price for goods on or around September 1, 2014; the Plaintiff, while paying the goods, did not reduce the price or request the exchange or repair of goods; and supplied to the Defendant.

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