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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. Facts of recognition;
A. On March 13, 2015, the Plaintiff entered into a commodity supply transaction contract (hereinafter “instant contract”) with the Defendant, and the Plaintiff would be supplied KRW 4,500 per unit from the Defendant, according to the Plaintiff’s order, with the instant products produced by a mutually advantageous business entity “L” (hereinafter “L”).
On the other hand, Article 9(1) of the contract of this case provides that the plaintiff may exchange or return the product of this case within a reasonable period from the date of receipt of the supply, in the event of defects.
B. Around August 2015, the Plaintiff received and used samples from L through the Defendant. Around August 2015, the phenomenon that only the central part was burned based on the heart (hereinafter “bridgeing phenomenon”) and the weak or booming phenomenon was generated in part of the sample products, where the edge of the product was not well green.
The plaintiff demanded the defendant to answer the tunneling phenomenon and flames to the defendant, and the defendant asked the plaintiff to answer L (the answer to the purport that there is no defect in the products of this case produced in L) at the plaintiff's request.
C. According to the instant contract, the Plaintiff provided the Defendant with the product of this case, 36 around October 28, 2015, 3,024 around November 26, 2015, and 3,240 around March 24, 2016, and 8,657 around April 21, 2016, and paid a total of KRW 67,306,820 (including value-added tax) to the Defendant as the price for goods.
The product of this case is classified into six types in color. There are white (E), Arabic (F), red (G), yellow (H), non-obviousness color (I), and low color (J) with colors of the product of this case.
The Plaintiff supplied 4,366 out of the 14,957 product of this case supplied by the Defendant, and supplied 4,366 out of the 14,957 product of this case to “C” from December 2, 2015 to February 2, 2017, and on December 2015.