logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원경주지원 2016.06.14 2015가단12447
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 7 (including paper numbers) and the purport of the entire pleadings:

The Plaintiff was supplied with Aluminium plates from the Defendant to April 17, 2014 when operating the manufacture and sales business of the parts of the special strings.

B. Around 2011, the Plaintiff, which was supplied with Aluminium plates by the Defendant, generated corrosiond to the special straw, and the Defendant supplied with the steinium plates by the Defendant, was a product supplied by the steinium Co., Ltd. and distributed to the Plaintiff.

As the Plaintiff agreed to share KRW 28,589,500, which incurred to the Plaintiff at the time, approximately 1/3 of the amount of damages, the Plaintiff set off KRW 19,00,000, out of the amount of goods payment obligations against the Defendant from January 2, 2012 to April 4, 2013.

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion was that the Defendant supplied the Plaintiff with inferior Aluminum plate at around 2013, and there was a defect in corrosioning in the special straw on the special straw in which the Plaintiff produced and supplied to a third party, such as the Daedong Special Design Co., Ltd., and the Plaintiff suffered a loss from its repair cost of KRW 109,894,000.

Therefore, the defendant should compensate the plaintiff for the above KRW 109,894,000.

B. Determination Nos. 2, 3, 4, 7, and 8 are considered to be comprehensively taken into account the respective descriptions and arguments of evidence Nos. 2, 3, 4, 7, and 8. In other words, the Defendant supplied products produced by various manufacturing companies, such as the arche, the arche, the arche, and the copper steel, not only through the supply of the arche steel in trade with the Plaintiff. In particular, since December 201, the Defendant appears to supply the arche board produced from the arche steel or the arche steel, and the Defendant simply supplied the aluminiumum board produced by the manufacturing company to the Plaintiff.

arrow