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(영문) 대전지방법원천안지원 2015.02.11 2013가단107214

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 32,360,462 to the Plaintiff (Counterclaim Defendant) and its related amount from September 23, 2014 to February 11, 2015.

Reasons

1. Determination on the main claim

A. In full view of the purport of the arguments as a result of the fact finding that Gap evidence Nos. 1 through 7 (including paper numbers), witness Gap's testimony, and fact finding to the Korea Environment Corporation, the plaintiff supplied the defendant with the raw materials and delivered them to the plaintiff on or before August 2009. The plaintiff supplied the defendant with 1,387,748 km in total to the defendant from September 1, 2009 to June 30, 2012. The defendant processed the above 1,250,161 km raw materials and supplied them to the defendant as finished products 1,250,161 g in total to the plaintiff. The plaintiff found that the defendant did not return residual materials after processing them to the defendant on or after July 1, 2012 137,587kg, 1387kg, 748, 120g-126 g- 1, 2012.

B. According to the Plaintiff’s assertion 1), according to the fact that the Defendant was ordered to return the residual materials from September 1, 2009 to June 30, 2012, the Defendant is obligated to receive the raw materials from the Plaintiff and process them, and return the remaining residual materials after processing them. 2) As seen earlier, as seen earlier within the scope of the obligation to return, the rate of recovery of the residual materials from September 1, 2009 to June 30, 2012 is presumed to have no objective data supporting the actual situation.

Considering the fact that the loss ratio is not high in light of the defendant's processing process, and the recovery rate of the residual steel from July 1, 2012 to December 4, 2012 is about 90.3%, it is from September 1, 2009 to June 30, 2012.