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(영문) 수원지방법원성남지원 2017.06.27 2016가합204550
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On November 27, 2012, the Plaintiff entered into a contract for the supply of goods, which requires the Defendant to receive KRW 50,000 per unit of the hot water boiler (hereinafter “instant goods supply contract”).

B. On March 2013, the Defendant supplied 5,000 Onnuri boiler to the Plaintiff according to the instant goods supply contract, and the Plaintiff paid KRW 2,50 million to the Plaintiff.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination on the main claim

A. According to Article 7 of the goods supply contract of this case asserted by the plaintiff, the defendant is obligated to perform A/S free of charge for two years with respect to the goods supplied by the defendant. Since there are defects in the goods supplied by the defendant, the plaintiff suffered total damages equivalent to KRW 128,420,00, the defendant is obligated to compensate the plaintiff for damages equivalent to the above amount.

B. The judgment of this court 1) The plaintiff asserts that 800,000 won among the goods supplied by the defendant should be paid to the plaintiff as damages (=50,000 won x 800 won). We do not prove that 800 products among the goods supplied by the defendant were defective. Further, even if such defect occurred, there is no evidence to prove that the defect occurred within the warranty period of two years specified in Article 7 of the goods supply contract of this case. Thus, this part of the plaintiff's assertion is without merit. Since the plaintiff did not interfere with the repair stipulated in Article 7 of the goods supply contract of this case without compensation, the plaintiff sought damages equivalent to 17,40,000 won, such as personnel expenses incurred in replacing rubber, personnel expenses incurred in cancelling the defective operation, personnel expenses incurred in cancelling the defective operation, expenses incurred in assembling parts and personnel expenses incurred in assembling expenses.

According to Article 7 above, the defendant's parts on the defects of parts during use.

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