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(영문) 서울중앙지방법원 2016.12.02 2014가합562862
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a juristic person with the purpose of manufacturing, selling, selling, selling, etc., of products manufactured by the plaintiff, and the defendant is a juristic person with high-functional fiber manufacturing, selling, etc.

B. On April 8, 2013, the Plaintiff prepared and sent an order form (hereinafter “instant order form”) to the Defendant, a subsidiary company, under the name of Meriagy Co., Ltd., which includes the following details as to the Wonbaba in the name of the Defendant.

[AttachmentW-4945-B N49107 N4PK9108 Total 20,746 (yd) 107,87,879,200 SONHHA (nob) 5/28 F/W in the payment period of the order price of the original raw and secondary materials ordering S/N ordering quantity

1. References and other precautions, non-influences, non-influences, failure to observe the matters of attention in production, supply and settlement prices when they fall short of the standards for original test items as set forth above;

2. If the paid-in goods are different from the original goods, or if any deterioration, alteration, color or other inferior goods have occurred, the revocation and return or the amount of damages shall be compensated as much as the amount of damages;

7. The fact that, in the event of a defect in the finished goods which have been sealed for clothing, wholesale unit price and planning charges may be claimed (in the case of the defective goods which cannot be sold after being disposed of, the sales price shall be compensated); and

On May 28, 2013, the payment date stipulated in the instant order form, the Defendant supplied the original set as indicated in the instant order form to the Plaintiff’s subcontractor (the Plaintiff’s subcontractor who produces a mountain bar). The Defendant manufactured the original set to the Plaintiff as a mountain bar, and supplied it to the Plaintiff on September 10, 2013.

[Ground of recognition] Evidence A 1, Evidence A 2-1 to 3, witness A's testimony, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion 1) The original body supplied by the Defendant in accordance with the instant order is defective with a sense of view and outer sense. Therefore, as part of the damages liability, the Plaintiff’s claim against the Defendant, like the purport of the claim, is against the Defendant (as part of the damages arising from the defect liability, the upper half of 2016).

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