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(영문) 수원지방법원 2017.09.28 2016가단27906
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is the Plaintiff (Counterclaim Plaintiff) in KRW 30,442,907.

Reasons

1. Determination on the main claim

A. The Plaintiff asserted that the Plaintiff is liable to compensate the Plaintiff for damages of KRW 18,70,000,000,000, which the Plaintiff paid to the New Contex due to the supply of defective products, and KRW 320,000,000,00,000,00 for opportunity loss expenses due to the discontinuance of transaction, and KRW 51,90,00,000,00,00,00,000, in total, paid by the Plaintiff to the New Conttex because of the supply of defective products.

According to Gap evidence Nos. 1 through 4, the Defendant supplied the Plaintiff with 324 strawls on Sept. 1, 2015; 280 strawls on Oct. 1, 2015; and 420 strawls on Oct. 5, 2015; 184 straw tape on Oct. 2, 2015; 60 straw tape on Oct. 4, 2015; 200 straw tape on Oct. 19, 2015; 320 straw tape on Oct. 30, 2015; 200 straw tape on Oct. 19, 2015; 327 straw materials transport cost on Dec. 30, 2015, the Plaintiff notified the Plaintiff of the defective raw materials transport cost on Dec. 1, 2015.

However, examining the evidence mentioned above in Gap evidence No. 7 (Transaction Statement), while the defendant's delivery to the plaintiff was most 21.5 US dollars, the plaintiff's delivery to the new container is most 21.3 US dollars. The evidence submitted by the plaintiff alone is insufficient to recognize the fact that the product that the plaintiff notified the plaintiff to the plaintiff was the same product as the product that the defendant supplied to the plaintiff, and there is no other evidence to acknowledge this otherwise.

B. The Plaintiff’s judgment on the claim for damages caused by the defect of the PSet shall receive the Defendant’s delivery of the PSet.

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