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(영문) 서울고등법원 2017.12.12 2016나2076665
손해배상(기)
Text

1. Of the part concerning the principal lawsuit against the Defendant (Counterclaim Plaintiff) in the judgment of the court of first instance, the lower amount is ordered.

Reasons

1. The plaintiff in the judgment of the court of first instance won all of the claim for damages and the contract deposit against the defendant as the principal lawsuit at the court of first instance, but the claim for damages was appealed in order to make the remainder as an implied partial claim. Since the defendant appealed in the judgment of the court of first instance concerning the principal lawsuit against the defendant, the part concerning the defendant's counterclaim claim is excluded from the scope of the judgment of the court of first instance.

2. Basic facts

A. The Plaintiff and Pama Korea Limited Company (hereinafter “Pama Korea”) enter into a contract for the supply of goods between the Plaintiff and Pama Korea Limited Company (hereinafter “Pama Korea”). The Plaintiff is a company that runs new sales, clothing, sports goods wholesale, retail business, etc., and Fama Korea Limited Company (hereinafter “Pama Korea”). On November 2

Fama Korea has agreed to enter into a contract for the supply of goods as follows. Article 3 (Price Payment Terms) shall inspect the goods supplied by the Plaintiff and take over without objection, Pama Korea shall pay the price for the goods on the 25th day following the date of the tax invoice. Article 6 (Inspection)

1. The Plaintiff shall be equipped with the preparation for inspection of the manufactured goods, and shall undergo the inspection conducted by a person designated by Purma Korea or Purma Korea.

Article 7 (Disposal of Disqualified Successful Applicants)

1. The products produced shall be classified into products which can be shipped normally in accordance with the standards for inspection of Food Korea and products which are impossible.

Provided, That the products that can be repaired or supplemented among the disqualified products shall be disposed of in consultation with the Food Korea and the plaintiff.

2. The Plaintiff must destroy products, the settlement of which is impossible due to the failure decision.

Article 11 (Supply of Goods)

1. The delivery of a product shall be limited to the quantity that has passed the inspection of Food Korea.

2) Purma Korea around December 2013, 2013, up to 3 kinds 3 sets 48,500 color for male Pururts among the food home shopping cameras that Purma Korea plans to sell to the Plaintiff in Dalve shopping [= 11,500 won per unit color 16,500 won per unit color) 15,500 won per unit (unit price 11,400 won).

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