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(영문) 의정부지방법원 2016.01.15 2014가합3938
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.

Reasons

1. Facts of recognition;

A. On April 23, 2012, the Plaintiff entered into a contract for the supply of plastic materials (hereinafter “instant supply contract”) with the Defendant, and received the supply of plastic materials, including the pipe from May 5, 2012 to December 2012, 201, from the Defendant.

B. The Defendant requested the Defendant’s Intervenor to supply a lecture officer to the Defendant’s Intervenor, and supplied the lecture officer directly to the Plaintiff. The size of the lecture officer supplied to the Plaintiff is four kinds: 48.1 x 2.1t, 31.8 x 1.5t, 25.4 x 1.5t, 25.4 x 1.2t.

C. On December 2012, the Plaintiff requested B to install a vinyl house, and completed the installation of a vinyl house (hereinafter “instant vinyl house”).

The lectures installed in the instant vinyl are now melted in the melting part, etc.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2 (including each number if there is a number) or video, the result of the appraisal by this court, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) According to the instant supply contract, the Defendant must supply the KS product to the Plaintiff. However, among the lectures supplied by the Defendant, the size of 48.1 x 2.1 x 2.1 x the Defendant supplied the KS product, not the KS product, and as a result, the Defendant supplied the KS product, which caused a defect of melting in the KS. 2) Even if the Defendant’s appraisal result was erroneous, the Defendant is obliged to supply the KS product of higher quality than that of mid-term class pursuant to Article 375 of the Civil Act, even if the steel officer’s quality did not reach the KS product of heavy quality, and as a result, there was a defect of melting in the KS.

3. In addition, when melting a entrance, melting a melting part in order to prevent melting.

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