(영문) 서울남부지방법원 2017.09.14 2016가단9562

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(영문) 서울남부지방법원 2017.09.14 2016가단9562

손해배상(기)

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1. The Defendant’s KRW 18,084,00 for the Plaintiff and its related KRW 6% per annum from March 15, 2016 to September 14, 2017.

Reasons

1. Basic facts

A. The Plaintiff ordered chips (part No. NMH2415S) installed in DA Q PCB, equipment incorporated into the semiconductor producer of SamsungMM, Inc. (hereinafter “MBC”), and ordered 500 NMH2415S chips (hereinafter “instant chips”) to the Defendant around June 9, 2015, around June 29, 2015.

B. The Defendant supplied 1,500 chips of this case to the Plaintiff, and the Plaintiff paid 8,085,000 won to the Defendant.

The Plaintiff supplied 1,500 chips of this case to MBE and received KRW 9,405,000 as the price for supply.

C. However, the Plaintiff received contact from MBC that the instant chips were defective, and asked the Plaintiff whether the instant chips were defective in the technical concentrates researcher. The Plaintiff responded that the instant chips were not authentic but are different from the structure of the chips.

The Plaintiff refunded 9,405,000 won for the supply of the instant chip to MBtech, and compensated 13,200,000 won for the reworking cost of separating the instant chip installed in equipment.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 7 (including the serial number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The instant chips ordered by the Plaintiff to the Defendant are Murata Pow Co., Ltd., and the Defendant supplied household goods. As such, the Defendant paid KRW 22,605,00 to the Plaintiff as compensation for damages arising from the said incomplete performance, the Defendant paid the Plaintiff KRW 22,60,00 in total the price for supplied goods refunded to MBtech and the cost for re-work. 2) The Defendant’s assertion ordered the Defendant to order the chips having the same function as the chips, not the chips, and there is no evidence to deem any other defects in the instant chips.

B. We examine the occurrence of liability for damages, Section A, 10 to 10.

유사 판례

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