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(영문) 서울중앙지방법원 2018.01.09 2016가합573682

손해배상(기)

Text

1. The Defendant’s KRW 428,404,930 for the Plaintiff and 6% per annum from December 9, 2016 to January 9, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of publishing, selling, printing, etc. of books, and the Defendant is a person who runs a printing business with the trade name “D” in Jung-gu Seoul Metropolitan Government.

B. F Co., Ltd. (hereinafter “F”) with respect to a series of contract relationships related to labelling of labels attached to the Eth (hereinafter “E”) exported to Japan

E (B) E (the alcohol level 25%, hereinafter referred to as “instant subject matter”).

G Co., Ltd. (hereinafter referred to as “G”) which produces and is a Japanese corporation.

G exports to H Co., Ltd., a Japanese corporation (former trade name: I Co., Ltd.; hereinafter referred to as “J” in total before and after the mutual change).

[2] The plaintiff (hereinafter "the contract of this case") awarded a contract to the plaintiff for the printing of the label to attach the label (hereinafter "the label of this case") to Japan exported to Japan as above. The plaintiff was actually in charge of the printing of the label (hereinafter "the subcontract of this case"). The specific contents of the label were determined in advance through consultation with G and J, which was produced in the form of film, and delivered it to the defendant through the plaintiff. Thus, the defendant was able to carry out the printing work using the film of this case as it was delivered to the plaintiff.

C. Of the instant labels 1, there was a defect in the indication of the sales source of the instant labels, the part attached on the back of the instant novel, including the indication of “I Co., Ltd.,” which was the trade name prior to the change of J as the sales source until November 7, 2014. However, as the trade name of J was changed around November 7, 2014, the sales source and the Plaintiff should also change to H Co., Ltd., a trade name after the change of J., as the sale source and printing were to be changed.