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(영문) 서울중앙지방법원 2015.02.06 2013가합537616
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (i) The Plaintiff is a wholesale and retail company of electronic equipment, and the Defendant is a manufacturer of electronic equipment.

On September 16, 2011, the Plaintiff entered into a contract with the Defendant to be supplied with the 11 Blue K 11 Blue K, which is being developed and manufactured by the Defendant, that is, with the function of the general Blue Park, with the device equipped with the brue warning function, and the device equipped with the brue alarm function.

(hereinafter referred to as the "Scambling" is K11 Bcambling, K11 Supply Contract). The main contents of the contract are as follows:

At the time of the above supply contract, the Plaintiff paid 93,50,000 won to the Defendant, equivalent to 50% of the total price of KRW 187,00,00 (170,000 x 1.1 x 1.00) including the value added tax to the above black box as down payment (in advance).

The number of supplies: 1,00 units price: 1,70,00 won per main body and cable 2,000 won (each additional tax shall be imposed separately), and 50% of the total amount shall be paid in cash at the time of the contract and the remaining 50% shall be approved at the time of delivery.

(1) According to the supply contract of K11, the Defendant prepared a certificate to the effect that he/she is not liable for all civil and criminal charges if a problem occurs due to the failure of the vehicle's electric power supply equipment to the Plaintiff on November 1, 201, K11, K11, K11, K11, 200, and 200.

Article 22(1) of the Civil Code provides that the Defendant shall, even after the date of the issuance of the Plaintiff’s assistant dispatch portion, return k11 Track 196 of the unsaleed portion on March 2012, 201 and supply the supplementary dispatch portion to the X-V Mu K 11 S Gack Gack (hereinafter referred to as “K 11 S Track Gack”), and receives advance payment of KRW 34,477,00 from the Plaintiff on March 16, 2012, and receives advance payment of KRW 34,47,000 from April 24, 2012.

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