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(영문) 인천지방법원부천지원 2014.10.21 2014가단15097
손해배상
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Facts of recognition

On December 16, 2013, the Plaintiff entered into a provisional contract with the Defendant to be supplied with C (hereinafter “instant product”) and the main contents are as follows:

(hereinafter “instant provisional contract”). Supply price: 1Set 42,000 won: The supply price shall be by January 20, 2014; and 22,00,000 won shall be deposited by January 17, 2014.

Samples: The defendant shall supply 24Set to the plaintiff free of charge before December 31, 2013.

The time of this Agreement: It shall enter into this Agreement within 15 days after the supply of the first-do quantity, and the plaintiff shall pay the 1,500Set price in lump sum, and agree on the date of supply of the remaining quantity.

The plaintiff's exclusive sales right shall be limited to Korea and Japan, and the defendant may sell the Internet in Korea, and the consumer price shall be 150,000 won.

The plaintiff paid 24 and 1,008,000 won for sampling of the product of this case from the defendant around January 8, 2014 and added needs.

A total of 48 sample products such as 24 sample products were supplied, but among them 12 products were demanded to be exchanged on the grounds of defects, and the defendant exchanged this.

After February 17, 2014, the Plaintiff paid KRW 2,100,000 to the Defendant and received 50 products of this case.

[Grounds for recognition] The Plaintiff asserted that there was a defect in the product received, the entry of Gap 1-7 evidence, 11-13 evidence, and the cause of claim for the whole pleadings, and the purport of the entire pleadings, and demanded correction to the Defendant. A certain degree of correction was made, and the Plaintiff continued marketing activities. Among which, unlike the instant provisional contract, the Defendant unilaterally suspended the supply of the instant product by demanding that the supply price be increased to KRW 9,00 per 1Set 9,00, and supplied the instant product to the customer developed by the Plaintiff.

Therefore, the defendant shall pay 50,000,000 won as material and mental damages suffered by the plaintiff who has lost credit and reputation from the customer.

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