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(영문) 서울중앙지방법원 2019.08.20 2016가단5205840
손해배상금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Summary of the cause of claim;

A. The primary claim is a stock company that manufactures, sells, processes, and sells the clothing and clothes, and the defendant sells and supplies the original parts necessary for the manufacture of clothing.

On October 28, 2015, the Plaintiff entered into a contract with the Defendant to manufacture and supply the Ga, Inc. (hereinafter referred to as the “Sacc.”), and entered into a contract with the Defendant to supply the 9,532 Sacc. (hereinafter referred to as the “instant contract”) to supply the 37,174.80 U.S. dollars in three colors, such as black, yellow, and Meluta. (hereinafter referred to as “Sacc.”).

The Plaintiff paid the amount to the Defendant and received it on November 15, 2015.

The Plaintiff produced the above three colors from January 3, 2016 to January 26, 2016, and supplied the non-party company a total of 7,378 punishments, including black 3,300 punishment, yellow 2,698 punishment, Melin 1,330 punishment, and Melin 1,330 punishment.

However, there was a problem that the consumers who finally purchased the Nelae and Melaly purchased the granc color color of the above domination spreads or that the other products become salted in the store in which the above color spreads are displayed.

In sum, the Plaintiff deducted the estimated amount of Crest of KRW 150,339,00 in total from the total price, which is the sum of KRW 92,421,200 in respect of the Nresta and Meluta, and KRW 57,917,80 in respect of the Meluta for the non-party company in excess of the price for the pertinent goods.

The defendant was aware of the circumstances that the plaintiff made and sold clothes as above, and thus is obligated to deliver the original body of quality that does not cause any problem such as salt.

As seen above, the Won and Melincate color, supplied by the Defendant (hereinafter “the original body of this case”), generated in laundry or Melining the raw body, resulting in salting with other clothing, etc., and thus, the original body must normally have the quality.

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