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(영문) 서울동부지방법원 2019.01.30 2017가단101912
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. On May 20, 2016, the Plaintiff received an order for the supply of clothing from C Co., Ltd. (hereinafter “Nonindicted Company”) and requested the Defendant to produce the Flece Foundation by 95/5% Soverce 95% Soverce.

B. On September 20, 2016, the Plaintiff manufactured clothing with the original body supplied by the Defendant and supplied it to the non-party company.

[Reasons for Recognition] Facts without dispute, Gap 1, 3, 5, and 6 (including virtual numbers), the purport of the whole pleadings

2. The plaintiff's ground of claim

A. There is a defect that occurs in the Flece original unit supplied by the Defendant.

B. As a result of the foregoing defect, the non-party company returned to the Plaintiff the total sum of KRW 23,461 of the 23,00,07,961 of the clothing supplied by the Plaintiff.

C. Since the Plaintiff suffered damages equivalent to KRW 152,07,961 due to the defect in the original unit supplied by the Defendant, the Defendant is obligated to pay the Plaintiff the damages amounting to KRW 152,007,961 and the delay damages amounting to the Plaintiff.

3. The descriptions of Gap evidence Nos. 4, 7, and 9 alone are insufficient to recognize that there are defects as alleged in the original unit supplied by the defendant, and there is no other evidence to acknowledge them.

The plaintiff's assertion is without merit without further review.

4. The plaintiff's claim is dismissed.

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