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(영문) 서울중앙지방법원 2014.11.06 2014가합533987
손해배상 등 청구
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in full view of the whole purport of the pleadings in Gap evidence Nos. 1 to 3 and 12 (including each number; hereinafter the same shall apply):

On March 4, 2013, the Defendant entered into a sales contract with Samsung Card Co., Ltd. (hereinafter referred to as Samsung Card Co., Ltd.) with the content that Samsung Card purchased from the Defendant a Panason Moter NP-D x 2 Modle (hereinafter referred to as the “instant equipment”) for the purpose of leasing it to the Plaintiff (hereinafter referred to as the “instant contract”).

The provisions relating to the instant contract relating to the instant case are as follows.

Article 1 (Selection of Things and Performance Guarantee) (2) The defendant shall use quality materials prescribed in the estimates, specifications, etc. of goods in the manufacture of goods, and guarantee that there is no complete performance and locked defects in the manufacture of goods.

(3) A defendant shall be liable to repair defects arising from manufacturing defects or defective materials in the course of using goods, and specific methods of guaranteeing defects shall be subject to separate agreements concluded between the defendant and the plaintiff.

B. On May 31, 2013, the Plaintiff entered into a lease agreement with the view to leasing the instant equipment at KRW 36,000, deposit 120,000, and monthly rent of KRW 8,916,70 (hereinafter “the instant lease agreement”).

C. The instant equipment has 16Hed and 8Head 2 Hed to install a KON for the installation of 16Hed and Dok kn for the installation of a KON.

Around September 2014, Samsung Card transferred to the Plaintiff the damage claim related to the instant equipment to the Defendant, and notified the Defendant of the assignment of the claim.

2. The Parties’ assertion.

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