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1. The plaintiff's claim of this case against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
On March 2012, the Plaintiff entered into an agreement with the non-party company D (hereinafter “non-party company”) to supply electronic chips to the Plaintiff, which the non-party company received from the non-party company, and the Plaintiff assembled the electronic chips supplied by the non-party company, and complete the electronic display by assembling the ESD supplied by the Plaintiff, and then deliver them to the non-party company (hereinafter “instant assembly agreement”).
According to the assembly agreement of this case, the Plaintiff supplied Nonparty Company 292,710,000 won PCB, LED, etc., and Nonparty Company paid KRW 90,000,000 out of the above price to the Plaintiff.
The non-party company filed a lawsuit with the Plaintiff for the cancellation of the instant assembly agreement on the grounds of the defective or defective products supplied by the Plaintiff, and for the return of the price already paid, and for damages incurred by the Plaintiff’s supply of defective products. The Plaintiff filed a lawsuit seeking payment of the remainder of the goods as a counterclaim. On October 31, 2014, the above court’s “non-party company may rescind the instant assembly agreement on the grounds of the Plaintiff’s delivery of defective products. Since the rescission of the instant assembly agreement was lawfully rescinded by the declaration of intention of the non-party company’s rescission, the Plaintiff is liable to pay the non-party company the total amount of the price of the goods already paid and the damages incurred by the non-party company, including KRW 27,934,192.
The judgment of " was pronounced to the purport, and the plaintiff appealed and is currently in the court of appeal.
【Non-contentious facts, Gap’s evidence Nos. 1, 7, 8, 9, Eul’s evidence Nos. 1 and 2, and the gist of the plaintiff’s assertion as to the whole of the pleadings. The defendant A was the real owner of the non-party company, and after concluding the assembly contract of this case with the plaintiff.