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(영문) 서울고등법원 2019.07.18 2016나2072632
손해배상(기)
Text

1. The part concerning the counterclaim among the judgment of the court of first instance (excluding the part invalidated by amendment and withdrawal of the purport of the counterclaim) is as follows.

Reasons

Basic Facts

On April 8, 2010, the Plaintiff and the Defendant’s supply contract concluded a supply contract with the Defendant for the supply of equipment converting images, sound, etc. into renewable signals from television, audio, etc. from July 1, 2010 to June 30, 2012 at a product unit price of KRW 177,000 (value added tax separate). On February 12, 2011, the Plaintiff entered into a supply contract with the Defendant for the extension of one-year contract period by automatic extension of one-year contract period.

(The unit price of a audio saw product is the same as the above supply contract). Article 7(1) of the above supply contract provides that “The repairing period of the supplied product shall be one year.”

Meanwhile, around March 2013, the Plaintiff notified the Defendant of the termination of the Plaintiff’s supply contract, and the said supply contract was terminated on April 8, 2013.

From the conclusion of the supply contract to April 8, 2013, the Defendant manufactured the model C, D, and E saws (hereinafter “C, etc.”) and supplied them to the Plaintiff.

The Plaintiff, such as the Plaintiff’s request for repair and the Plaintiff’s failure to return part of the Defendant’s products, was manufactured and operated by the Defendant, and the Plaintiff requested repair to the Defendant on May 31, 201, 19 items C 19, and 225 items C on April 12, 201.

The Defendant returned 105 units of C 19 units of C 18 units of C and C 120 units of C 225 units of May 9, 2012, 201, which were entrusted to repair as of May 31, 201, to the Plaintiff, on June 13, 2011. However, the Defendant did not return 31 units of C and 120 units of C 120 units of April 12, 201.

On February 27, 2014, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff shall return C not returned as above to March 6, 2014, and sent a certificate of content that the Plaintiff shall either return C not returned until March 13, 2014, or compensate for any corresponding damage.

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