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(영문) 수원지방법원 2015.02.12 2014나29466
손해배상 등
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. In the first instance court, the Plaintiff filed a claim for damages and the purchase-price against the Defendant, and the first instance court partly accepted the claim for damages and accepted the claim for payment of the purchase-price.

As the defendant appealed only to the claim for damages, the subject of the judgment of this court is limited to the claim for damages.

2. Determination on the claim for damages

A. The plaintiff's assertion is primarily responsible for the plaintiff's purchase of a total of 111,825,491 won of a household (the household in this case) produced by the defendant who imports households, such as the head of the household manufacturing business in Indonesia, C, and there is a defect, such as partial lurbing. Thus, the defendant is obligated to pay the plaintiff compensation for damages incurred by the defect of the object of sale, including 31,685,000 won of a logistics warehouse cost of 31,317,839 won of a defective household and 39,002,839 won of a logistics warehouse cost of 31,685,000 won, and its delay damages incurred by the defendant's violation of the minimum duty of care during the process of the defendant's import agency. Thus, the defendant is obligated to pay the above money to the plaintiff as compensation for damages caused by default under the import agency contract.

B. First of all, according to the records on the nature of the instant household transaction contract between the Plaintiff and the Defendant, the Defendant is found to have issued the instant household supply tax invoice to the Plaintiff, but it is recognized that the Defendant issued the instant household supply tax invoice to the Plaintiff. The following circumstances, namely, the Plaintiff directly borne all expenses, such as customs clearance and transportation expenses incurred in the process of importing the instant household, in addition to the price of the instant household’s goods.

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