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(영문) 서울고등법원 2015.08.20 2014나2047342
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

The relevant plaintiff between the parties based on the basic facts is a company with the purpose of wholesale and retail of lighting products related to ELD, and the defendant is a company with the purpose of manufacturing electronic communications parts.

From July 201, the Plaintiff and the Defendant, from around July 201, have maintained a business relationship in which the Defendant purchased ELD PKG products from Nonparty A, a Chinese corporation, and supplied the Plaintiff with ELD PKG products, the Plaintiff produced ELD signboards by attaching ELDDD products on the PCB plate and supplied them to the Defendant.

Around the end of 2012, the Plaintiff entered into a supply contract for the instant product, and the Plaintiff requested the Defendant to supply the instant product with LAD-based products necessary for manufacturing LAD-based products in order to sell LAD-based signboards to Vietnam companies. Upon the Plaintiff’s request, the Defendant purchased more than 10,000,000 LAD-based products (hereinafter “instant products”) from the company in which the instant products were sent out around March 21, 2013, and supplied KRW 460,000,000 to the Plaintiff.

around April 2013, the Defendant supplied the Plaintiff 2,604,000 product of this case and 8,078,000 total product of this case around May 2013.

On May 20, 2013, the Plaintiff, upon entering into the instant agreement, demanded compensation for damages to the Defendant, stating that “A defect that occurred in the instant product supplied by the Defendant and caused it to be destroyed and replaced, and the entire amount of ELD signboards manufactured with such defect as a part, was destroyed and replaced, and the damage amount was incurred due to the defect in Vietnam’s business, and the damage amount was KRW 471,960,000.”

On June 18, 2013, the Defendant requested the Plaintiff to prepare evidentiary materials, such as the details of the claim amount, the process of the occurrence of the defective quality, the report related to the defective quality, the records of the defective products, the photographs of the defective products, the normal products, and the evidence of the local circumstances.

On the other hand, the plaintiff.

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