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(영문) 대구지방법원서부지원 2015.08.28 2014가합3437
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 engaged in the textile manufacturing business under the trade name of “C”, and the Defendant is manufacturing and selling various chemical drugs necessary for the fiber processing with the trade name of “D.”

B. On October 11, 2013, the Plaintiff entered into a contract with the main body (Myeon 40 x 30 spons) of making it between the Ecuaditius (hereinafter “Ecitius”) and the Ecuaditius (hereinafter “Ecitius”) to supply the raw body (Myeon 40 x 30 spons) to the 12,880 sponseing process, such as dyeing and anti-lavering, and requested to the Ecuad Salt Co., Ltd. (hereinafter “Ectic Salt Co., Ltd.”) for the processing of dye-la

C. From October 21, 2013 to October 31, 2013, the Plaintiff delivered the original 13,060 amps to the Sbex ETR PL emergency (a large-sum ETR shot resin; hereinafter “instant medicine”), which is necessary to prevent the laver from being processed by the Defendant, purchased Stbex ETR PL emergency (a large-sum low-sum ETR glass resin; hereinafter “the instant medicine”). From October 30, 2013, the Plaintiff delivered the instant medicine to the Scroat.

The plaintiff, who was delivered by the plaintiff, had chropiced the original body and treated it as the drug of this case, and then released the original body 12,750 chropiced from November 25, 2013 to December 24, 2013 (hereinafter "the original body of this case"), and the plaintiff supplied the original body of this case to Eropics Day around that time.

On May 30, 2014, Ecuaitius demanded that the Plaintiff compensate the Plaintiff for the loss of KRW 301,078,60, because the Plaintiff made a request for return and suspension of sale due to the defect, such as the Plaintiff’s low strength, which is well teared.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, witness E's testimony, purport of whole pleadings

2. The assertion and judgment

A. As the cause of the claim, the Plaintiff sold defective drugs in selling the instant medicine to the Plaintiff, or notified the Plaintiff of the erroneous usage method.

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