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(영문) 의정부지방법원 2017.01.26 2016나6478
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff’s assertion was supplied by the Defendant with automobile films worth KRW 1,207,140 around September 5, 2014, as well as with automobile films worth KRW 1,207,140, on a total of four occasions until January 13, 2015.

However, among vehicles that were supplied by the Defendant and attached the film for motor vehicles, defects such as the key phenomenon from about 20 vehicles to the end, etc. have occurred, and reconstruction was conducted in another film.

Therefore, the defendant is obliged to pay the plaintiff the total amount of 11,750,000 won for reconstruction expenses and damages for delay due to the above defects.

2. According to the evidence Nos. 2 and 1 evidence Nos. 2 and 1, even though the Plaintiff is deemed to have received automobile films from the Defendant, it is insufficient to acknowledge that the Plaintiff had defects in the film provided by the Plaintiff only with the descriptions or images of the evidence Nos. 3 through 7 (including each number in the case of serial numbers), and there is no other evidence to acknowledge that there exists any defects in the film provided by the Plaintiff.

Therefore, the plaintiff's assertion is without merit.

3. If so, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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