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(영문) 인천지방법원부천지원 2016.12.27 2015가단114670
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 37,774,843 to the Plaintiff (Counterclaim Defendant) and its amount from March 5, 2016 to December 27, 2016.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed the facts of recognition;

A. The Plaintiff is a legal entity that carries on the manufacturing business of valves-related products, and the Defendant is a legal entity that carries on gold-type manufacturing, manufacturing business, etc.

B. The Defendant’s supply of the instant goods to the Plaintiff 1) The Plaintiff is a double cosmetic Co., Ltd. (hereinafter “dub cosmetics”).

(2) The Plaintiff entrusted the Defendant with the supply of shampoo and rinse containers. (2) The Plaintiff requested the Defendant to supply the parts comprising the pumps among the shampoo and rinse containers (hereinafter “instant goods”).

3) The instant goods consisting of the following parts. The Plaintiff assembled other subsidiary materials, such as sprinking and viewing, supplied by the Defendant, and manufactured shampoo and shoo pumps, and supplied them to two cosmetics by combining them with the container to be injected with shampoo and shampoo. From January 29, 2015 to April 30, 2015, the Defendant supplied the instant goods worth KRW 124,601,348, total sum to the Plaintiff five times, from January 29 to April 30, 2015.

C. 1) The Plaintiff assembled the instant goods, and manufactured shampoo and shampers, and supplied them to the shampoo and shampers, and there was a problem of leakage of shampoo and shampoo in the said part of the shampoo and shampers. (2) Accordingly, the shampoo shampoo from the end of July 2015 to the beginning of October 10 of the same year (hereinafter “first replacement work”) performed the work of replacing 192,587 containers (hereinafter “first replacement work”), and the work of replacing the remaining 209,89 containers from the end of November 2015 to the end of December of the same year (hereinafter “second replacement work”).

3 Two cosmetics claim that the Plaintiff suffered the following losses due to defective shampoos and rinse containers supplied by the Plaintiff on two occasions, including October 2, 2015, and January 6, 2016, and that the Plaintiff suffered the following losses from the defective shampoos and rinse containers supplied by the Plaintiff. The price for the shampoos and rinse goods

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