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(영문) 의정부지방법원 2019.05.01 2017가합51822
손해배상(기)
Text

1. Defendant E and F jointly share KRW 69,463,80 for the Plaintiffs and their related thereto from September 13, 2016 to May 1, 2019.

Reasons

1. Basic facts

A. The Plaintiffs are business operators selling clothing finished products, such as sports clothes and Titts, in trade name, “G”.

Defendant C (hereinafter referred to as “Defendant C”) is a raw salt processing business operator of clothes, Defendant D’s original seller of clothes, Defendant E, and F is a clothing manufacturing agent.

B. Around March 2015, the Defendants: (a) requested Defendant E and F to act on behalf of the production of the instant clothing finished product (hereinafter “instant clothing”); and (b) paid approximately KRW 351,00,000,00 as the price for the goods.

Defendant E and F made the instant clothing using the clothes of an amount equivalent to KRW 34,178,100, which were supplied through Defendant D, and supplied the instant clothing to the Plaintiffs around May 2016.

Meanwhile, the above clothes supplied by Defendant D to Defendant E and F are supplied to Defendant C in KRW 31,89,560.

C. In the instant clothing that Defendant E and F supplied to the Plaintiffs, there was a defect, such as sprinking and sprinking phenomenon, among the instant clothing supplied by Defendant E and F (hereinafter “instant defect”).

The number of tra bargaining clothes in which the defects in the instant case occurred is 3,129.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, and 12 evidence (including each number if there are virtual numbers; hereinafter the same shall apply) and images, appraiser H's appraisal result, the purport of the whole pleadings

2. Determination as to the claims against Defendant E and F

A. 1) The plaintiffs' assertion that liability for damages occurred. Among the clothing of this case, the defect of this case occurred in the tra bargaining clothes of this case, and damages occurred to the plaintiffs such as clothes and storage expenses of defective products. Thus, the defendant E and F are liable to compensate the plaintiffs for non-performance of obligation or tort.

B. Defendant E, F, Defendant E, and F believe the test result of the clothing set forth by Defendant D.

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