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(영문) 서울남부지방법원 2016.06.09 2015가단244238
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On April 2012, the Plaintiff sold the former product of ELD (LED). Around entering into a goods supply contract with the Defendant, the Plaintiff heard that the Defendant’s sale of the goods would take advantage of the consortium-type LED discharge (7.3W) (hereinafter “instant discharge”) in the plastic house, and sold the goods supplied by the Defendant from the Defendant for agricultural discharge, but the goods were sold for agricultural discharge. However, since it did not run for one month after the installation, most of the products were melted with melting in most of the products and water was generated in the products.

B. The Plaintiff spent 29,561,000 won (2,400,500 won in rubber-prevention rubber-prevention rubber-type 2,400,500 won, rubber-prevention rubber-type 7,060,500 won, personnel expenses for replacement work, 5,280,000 won, distribution expenses, and 6,500,000 won) to repair upon the request of the seller’s after-sales service (AS), and thus, the Defendant is liable to compensate for the above damages.

2. 판단 을 1호증의 1, 2의 각 기재에 의하면 이 사건 램프는 아파트, 사무실 등 실내에서 사용하는 용도로 제작된 사실, 그런데 원고는 위 조명을 깻잎농가 비닐하우스 설치 용도로 판매한 사실이 인정된다.

On the other hand, there is no evidence to acknowledge that the Plaintiff purchased the above lamps from the Defendant, after hearing the horses that the Plaintiff can be installed in the greenhouse of the farm as well as the indoors of the instant case, which is a lighting master of the actual contents from the Defendant.

Rather, according to the purport of Gap evidence No. 1 and the whole pleadings, the plaintiff agreed to be supplied with the discharge of this case from the defendant at the time of the contract, deliver it to the apartment, and the defendant and the apartment are jointly examined to complete the delivery of the product to the apartment (Articles 2 and 5).

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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