손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. Around October 2016, the Plaintiff entered into a contract with the Defendant for the production of 200,000 parts (C; hereinafter “instant product”) into between the Defendant and the supply of them to the Defendant (hereinafter “instant contract”). At the time, the Plaintiff explained to the Defendant that the said product would be directly produced and supplied to another company as it did not constitute a condition for direct production, and made the Defendant produce the said product after explaining the circumstances that the product would be provided to and supplied to the outside company.
B. On October 28, 2016, the Plaintiff received an order (Evidence 10) attached to e-mail from the Defendant and received a request from the Defendant to place 120,000 of the instant contract. On October 31, 2016, the Plaintiff received e-mail (Evidence 1-1) from the Defendant to supply 20,000 out of 80,000 of the first order quantity among the instant products until October 31, 2016, 30 thousands until November 4, 2016, and 30,000s to the Defendant by step by step until November 8, 2016, and 30,000s of the second order quantity by November 25, 2016.
C. On November 4, 2016, the Plaintiff received calls from the Defendant to the effect that the said secondary order quantity of 120,000 out of the instant contract would be revoked. On November 8, 2016 through November 14, 2016, the Plaintiff received from the Defendant the said 120,000 orders via text messages.
On November 18, 2016, the Plaintiff: (a) supplied 37,500 of the instant product from an outsourcing company to export it to the Defendant’s Kimhae factory through the Chinese customs office; (b) sent on November 21, 2016, the Plaintiff sent e-mail that he/she takes over 37,500 of the instant product to the Defendant; and (c) from November 4, 2016, it is impossible to accept the instant product since it requested the Defendant to cancel the order several times from November 4, 2016.
“A e-mail was received.”
E. On December 5, 2016 and January 16, 2017, the Plaintiff completed the product of this case to the Foreign Enterprise on December 5, 2016, 37.