(영문) 의정부지방법원 2017.01.25 2015가단30046

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(영문) 의정부지방법원 2017.01.25 2015가단30046

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts (1) The Plaintiff is a merchant engaged in the manufacture, wholesale and retail business, trade business, etc. of the Textiles yarn at his domicile, and the Defendant is a merchant engaged in the textile wholesale business in the name of B at his domicile.

(2) Around July 2014, the Plaintiff supplied the 172,632,80 won of the Defendant’s polyblam, etc., and sold it to the original purchase (C) in the French Paris on July 29, 2014 and August 4, 2014.

[Ground of recognition] Facts without dispute, Gap 1 and 2-12, the purport of the whole pleadings

2. (1) The instant original body supplied by the Defendant to the Plaintiff was defective in color change, etc. As a result, the Plaintiff was demanded to compensate the Plaintiff for the damage amounting to KRW 167,53,816 and KRW 160,000,000 from the customer who was supplied with the said original body.

(2) Although the Defendant is obligated to thoroughly confirm whether defects exist and supply a normal unit without defects, the Defendant is obligated to pay damages in this case to the Plaintiff. As such, the Defendant is obligated to pay to the Plaintiff damages in proportion to 119,925,706 won with 50% annual interest rate of 239,851,416 won (=172,632,80 won of the original unit payment - 5,178,984 won of the settlement payment - 5,200,00 won of the salary rate of 5,178,984 won of the settlement payment - 67,197,60 won of the salary rate of 67,600 won), and damages for delay calculated from the day following the delivery of a copy of the complaint of this case to the day of complete payment.

3. Determination

(a) According to Article 69(1) of the Commercial Act as to the limitation period and whether or not, when a buyer has received an object in a sale between merchants, he/she shall inspect it without delay, and when any defect or shortage of quantity has been discovered, he/she shall not claim cancellation of the contract, reduction of the price, or compensation for damage, unless

Here, the term "the time when the object is received" refers to the actual possession of the buyer.

참조조문

-상법 제69조 제1항

-소송촉진 등에 관한 특례법

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