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(영문) 인천지방법원 부천지원 2018.03.28 2016가단110651 (1)
손해배상(기)
Text

1. The Defendant’s KRW 10,560,00 for the Plaintiff and KRW 6% per annum from July 30, 2016 to March 28, 2018.

Reasons

1. Basic facts

A. On September 24, 2015, the Plaintiff entered into a supply contract with the content that the Plaintiff would supply three strhum rhyth of the non-party company (hereinafter “non-party company”) with three strhym of the mechanical equipment (hereinafter “the instant mechanical equipment”), one ionr and ionr, one styth of the cutting machine, etc. for KRW 345,400,000.

B. Around that time, the Plaintiff entered into a contract with the Defendant for crop supply with the content that the Defendant would produce and supply the blades, which are the essential parts of the instant machinery and equipment (hereinafter “instant supply contract”), to the Plaintiff (hereinafter “instant supply contract”). The Defendant manufactured and supplied the blades to the Plaintiff from that time until December 31, 2015, and the Plaintiff supplied the instant machinery and equipment with the blades attached thereto to the Nonparty Company.

C. However, around July 14, 2016, Nonparty Company sent to the Plaintiff a content-certified mail seeking cancellation of contract and compensation for losses (a total of KRW 605,482,219, including KRW 180,000,000 and total of KRW 425,482,219, and total of KRW 605,482,219) on the ground that the Plaintiff incurred operating losses due to defects in the instant machinery and equipment supplied by the Plaintiff.

[Ground for Recognition: Facts without dispute, Gap 1, 3, 5 evidence, Eul 4, 5 (including paper numbers), the purport of the whole pleadings]

2. Summary of the parties' arguments;

A. The main point of the Plaintiff’s assertion was that the instant machinery and equipment could not work normally due to the defect in the blades supplied by the Defendant. Accordingly, the Plaintiff newly produced the blades by bringing KRW 21,120,000 into the Nonparty Company, and the Plaintiff was entitled to claim damages exceeding KRW 600,000 from the Nonparty Company. As such, the Defendant’s nonperformance of obligation to compensate for damages amounting to KRW 28,630,000, including the blades cost 21,120,000 and the blades cost 7,510,000,000, out of the damages suffered by the Plaintiff.

B. As to the summary of the Defendant’s assertion, the Defendant manufactured and supplied the knives of the drawings approved by the Plaintiff, which led to the Plaintiff’s instruction.

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