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(영문) 수원지방법원성남지원 2017.12.12 2015가합1501
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. The Plaintiff is a company that manufactures and sells electronic equipment, such as digital broadcasting receivers and video cameras, and the Defendant is a company that manufactures parts, such as cables used in the above electronic equipment, etc.

B. Around September 2009, the Plaintiff agreed from the Defendant to be supplied with the HD SATA manpower cable power source (the cable connecting HDSA’s hard disc and meboard; hereinafter “instant product”).

C. From December 10, 2010 to December 12, 2011, the Defendant supplied 86,600 products of this case to the Plaintiff according to the instant contract.

[Ground of recognition] Entry of Gap evidence No. 1 (including provisional number) and the purport of the whole pleadings without dispute

2. The plaintiff's assertion and judgment

A. There was an accident, such as a fire or explosion, in part of the video recording machines sold by the Plaintiff due to the defect of the cable supplied by the Defendant by the Plaintiff.

The plaintiff suffered damages equivalent to KRW 241,688,192 in total, such as the cost of repairing the video recording machine due to the above defects (wages, transportation cost, and product cost).

Therefore, the defendant is liable to compensate the plaintiff for damages equivalent to the above amount as compensation for tort.

B. The main contents of the appraiser A’s appraisal of the product of this case are as follows.

- The 90th plucking for the signal transmission of the instant product, but the approved source (e.g., specifications submitted by the Defendant) is a straight line, which is produced differently from the drawings.

-the drawing has a hole width of 1.40m in contact with Finine, and the hole width of the product of this case is 1.73m to 1.76m.

For this reason, the connection with the pin assembly unit of the hard disc can be schilled, and there is a possibility that the contact resistance becomes more and more likely to spread.

- The approved source does not have a permissible electric current value.

The product of this case is a capacity suitable for 0.477A.

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