(영문) 의정부지방법원고양지원 2016.03.23 2015가단82637

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(영문) 의정부지방법원고양지원 2016.03.23 2015가단82637

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

A. On December 19, 201, the Plaintiff, who operates the Do rent and the Do long-term production business, concluded a gold-type contract with the Defendant who operates the gold-type production business, with the content that the Defendant would produce the gold-type of the infant liverer developed by the Plaintiff (hereinafter “instant product”) at KRW 15,500,000,000.

Around that time, the Plaintiff paid 8 million won as down payment to the Defendant.

B. The Defendant completed the gold production on March 2012.

Since then, the plaintiff and the defendant produced 50 million won of the product of this case using the above gold-type (20 million won per opening) and entered into a contract for product production with the plaintiff to supply the package containers and containers of the product of this case to the defendant.

Around that time, the Plaintiff paid the Defendant the remainder of the gold production price of KRW 7.5 million and the amount of KRW 4.5 million out of the total product production price.

C. On June 1, 2012, the Defendant supplied 32 copies of the instant product to the Plaintiff as a sample, and the Plaintiff paid 2 million won to the Defendant, and supplied 500 package containers and containers of the instant product.

Since then, the Defendant supplied the Plaintiff with the instant products on July 24, 2012, July 27, 2012, 1,944, and 2,325 September 14, 2012.

On March 4, 2014, the Plaintiff filed a claim for damages against the Defendant on the ground of the defect in the instant product supplied by the Defendant while filing a claim for the refund of deposit with this Court Decision 2014Da52714.

The Plaintiff and the Defendant agreed to re-prefabricated lids at the Plaintiff’s expense (hereinafter “instant agreement”) and voluntarily withdraw the said lawsuit on August 29, 2014, if the Plaintiff and the Defendant renounced the Defendant’s unpaid claim for the payment of goods, and subsequently re-produced and supplied sufficient quantity of lids to the Plaintiff.

[Ground of recognition] The entry of Gap evidence No. 9 and the purport of the whole pleading

2. The parties' assertion

A. The plaintiff's assertion that the product of this case is supplied by the defendant is a day-to-day and lid.

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