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(영문) 서울남부지방법원 2015.09.10 2014나6645
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's ground for claim

A. The Plaintiff provided the original body to the Defendant, and requested salt color, and the Defendant provided salt to the original body received from the Plaintiff and supplied it to the Plaintiff’s customer upon the Plaintiff’s request.

B. However, due to the Defendant’s chroding work, the Plaintiff suffered damages equivalent to KRW 67,447,020 due to the Plaintiff’s chroding defect (which means that the size of the original body ought to be low, as a whole, to grow well as the size of the original body), the oxygen defect (which means that the correction work is required to be carried out by frosing the original body), and Boss damage (which means that the original body is reduced in the process of correcting the above chroding defect).

C. The Defendant is obligated to pay 45,447,020 won (=67,447,020-22,00,000) remaining after deducting the amount of debt of the above salt processing fees from the damages suffered by the Plaintiff as a result of the damages compensation, as well as damages for delay.

2. The Plaintiff’s assertion cannot be accepted without the need to further examine, on the ground that it is difficult to find that the Plaintiff’s defect occurred by the Defendant’s chromosome process during various stages, such as manufacturing, salting, processing, supplying, etc. of the original unit.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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