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(영문) 수원지방법원 2016.12.01 2015나32308
손해배상(기)
Text

1. The part against the defendant A in the judgment of the first instance is revoked, and the plaintiff's claim against the defendant A is dismissed.

2...

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 5:

The Plaintiff is a manufacturer or installer of various signboards, etc., and the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a manufacturer or seller of various electric supply and control devices, and Defendant A is engaged in the wholesale and retail business of various electric equipment, etc. in the trade name of “B”.

B. From April 14, 2014 to July 8, 2014, the Plaintiff received 192 SPS (hereinafter “instant SPS”) manufactured by the Defendant Company from the Defendant Company (SPS) in total from KRW 5,696,02 (hereinafter “instant SPS”) by converting the exchange current supplied outside into the current of direct current, and by changing the current to the voltage that meets the product conditions.

C. From April 29, 2014 to July 28, 2014, the Plaintiff manufactured signboards requested from 43 business partners using the instant SPS supplied by the Defendant from April 29, 2014, and installed them at the designated place.

After the Plaintiff’s manufacture and installation of each signboard as above, one month was shorter from the time of each production and installation from May 23, 2014 to January 16, 2015, and eight months later, each signboard installed in 43 business partners at the time of the occurrence of an accident (hereinafter “instant accident”).

2. Summary of the parties' arguments;

A. The Plaintiff supplied the instant SPS manufactured by the Defendant Company from Defendant A and used them for manufacturing each of the signboards requested by its customers 43, and the instant accident occurred due to the manufacturing defect of the instant SPS.

In order to repair a signboard set up in 43 business partners due to the instant accident, the Plaintiff totaling KRW 24,896,260, such as the purchase cost of parts, personnel expenses, equipment fees, etc.

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