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(영문) 인천지방법원부천지원 2017.05.31 2016가단116819
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 corporation with the main purpose of manufacturing and selling cosmetics, and the defendant is a corporation with the main purpose of manufacturing plastic containers and selling business.

B. On February 2016, the Plaintiff entered into a contract to export cosmetics to a business center corporation located in Japan, which was located in early 2016, and requested the Defendant to supply 1,450 won per opening 1,450 won a 150ml container to be used for the above export cosmetics.

C. Around February 2016, the Plaintiff supplied 150ml containers 3,333 (hereinafter “instant containers”) from the Defendant, and filled the said containers with the cosmetics, and exported the cosmetics to the Japanese business center corporation around March 7, 2016.

On April 13, 2016, while the business center corporation distributed the above cosmetics, the cosmetics, which were contents, were leaked in the container of this case, and most of the products were inspected for delivery, and the contents were leaked, and the products were recovered and discarded.

E. On May 3, 2016, the Plaintiff re-issued 150ml containers 3,333 from the Defendant and charged cosmetics, and then re-exported the cosmetics to the business center corporation on May 21, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, and purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff initially asserted that the Plaintiff’s 1 Plaintiff’s assertion in the shape of the instant container caused an accident involving leakage of cosmetics, which are the content of the instant container, but then withdrawn from the previous assertion that the Kask’s pockets were inconsistent, claiming that there was a defect in the shape of the container. As such, the accident involving leakage of cosmetics, which is the content, occurred because the lid is not entirely sealed even after shut down, was all discarded, and 3,000 cosmetics exported once again are all discarded, and 3,000 identical cosmetics are newly inserted.

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