(영문) 창원지방법원 2015.01.21 2014가단12297

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Reasons

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(영문) 창원지방법원 2015.01.21 2014가단12297

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running a glass and a windowing construction business, and the Defendant is a company running a business of manufacturing and selling double-story glass.

B. From October 10, 2012 to May 28, 2013, the Plaintiff was supplied with 5m low-speed glass (hereinafter “instant raw materials”) on six occasions from the Defendant.

C. Meanwhile, upon receiving a request from a business entity A for the supply of a double-story glass, the Plaintiff processed 5m nived glass with 22m nives of double-story glass, and produced 22st lives of double-story glass (hereinafter “instant processing glass”), and supplied it to A.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The processed glass of this case supplied by the Plaintiff to A was produced as favorable to the raw materials of this case.

However, there were defects such as co-rating defect in the raw materials of this case supplied by the Defendant, and the processed glass of this case was also defective, and the return glass value was 37,002,075 won.

Therefore, the defendant is liable to pay the above amount in compensation for damages.

B. In order to accept the Plaintiff’s assertion, it should be proved that there is a defect in the glass of the raw materials of this case, and it should be proved that the processed glass of this case was processed as the glass of the raw materials of this case supplied by the Defendant, not the other glass.

However, in light of the following circumstances, the evidence Nos. 2-3, 5, 6, and 1, and the evidence Nos. 2-5, 6, and 1, and the whole purport of the pleadings as a whole, of witness B’s testimony, the evidence submitted by the Plaintiff is defective in the glass of the original materials supplied by the Defendant, even if all of the evidence

It is insufficient to recognize that the processed glass of this case was processed as the glass of the original material of this case, and there is no other evidence to acknowledge it.

1. First, the Plaintiff supplied A with the processed glass of this case.

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