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(영문) 서울중앙지방법원 2020.11.19 2020나20660
물품대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except where the defendant added the following additional judgments as to the assertion emphasized or added by the court of first instance.

2. Additional determination

A. Offset 1) The Defendant’s assertion that the decrease in the load capacity of a diesel is caused by the defect in which the content is increased due to the difference in the surrounding environment due to excessive water content. Even if there is a problem in a diesel container, the Plaintiff is liable for the completion of the product as the contractor of the manufacture consignment agreement for the diesel product, and if the container selected by the Defendant cannot prevent the crypation of the content, it was discovered and notified to the Defendant, and the Defendant was supplied with an appropriate container according to the characteristics of the content of the diesel, and did not manufacture and supply the defective product. Therefore, the Plaintiff is not liable for damages caused by the decrease in the load capacity of a diesel. Accordingly, the Plaintiff is not liable for damages to the Defendant, in principle, due to the following circumstances acknowledged by the overall purport of entries and arguments in subparagraph 1 and subparagraph 3, and the Plaintiff is not liable for quality control within the scope of the manufacturing process entrusted by the Defendant to the Plaintiff under Article 5 of the content of the consignment agreement (Article 1).

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