logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.10.22 2018가단123120
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs jointly manage D’s business entity with the main products of screening, crushing, etc.

B. From around 2008, the Plaintiffs have produced and supplied the sorting machine to E. On March 2010, between E and E, the Plaintiffs granted E the rights to domestic and overseas business and sales of all the sorting machine produced by the Plaintiffs, and E entered into a contract with the content that they would receive orders for more than the minimum quantity required by the Plaintiffs during the maintenance of the said agreement (hereinafter “instant contract”).

C. In order to maintain the instant contract, the Plaintiffs were supplied with “serious engines” necessary for the production of selective engines from the Defendant, which was known through the introduction of E. D.

Around May 30, 2015, the Plaintiffs received from E a certificate from E to the effect that there was a defect on the engine parts of the selection machine supplied by the Plaintiffs, and around August 11, 2017, the Plaintiffs received a content-certified mail to the effect that the Plaintiffs would pay 200,000 USD as compensation for five selectr defective in the engine.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 12, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiffs’ assertion was as seen earlier, and the Plaintiffs verified that they would compensate for damages arising therefrom due to the defect in the selection machine supplied by the Plaintiffs E.

The defect in the screening machine supplied by the plaintiffs to E is due to the defect in the 11st engine of the screening machine manufactured and supplied by the defendant in the second quarter of 2011.

Therefore, the Defendant is obliged to pay 38,500,000 won per unit, calculated by the amount of KRW 3,500,000 per unit corresponding to the value provided by the Defendant at the time of 201, as to the 11st engine engine of the above defect, since the Defendant fulfilled its obligation due to the supply of defective selective engines to the Plaintiffs.

B. The defendant.

arrow