손해배상(기)
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit, and appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and the counterclaim.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The reasoning for this part of the reasoning is that the court’s reasoning is as follows, except for the partial completion or addition of the part “1. Recognizing facts” in the judgment of the court of first instance (from 2 pages up to 3 to 6. 8). Thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary or added parts] The following shall be added to not more than six pages:
On December 1, 2017, the Defendant: (a) was divided from T Co., Ltd. for the purpose of the family business sector on December 1, 2017; and (b) comprehensively succeeded to the rights and obligations related to the aforementioned business; and (c) accordingly, the Defendant became the litigant
It is called ‘the defendant' by combining T stock companies and the defendant.
. 2. From the last 2. to 6.1 p.m. “Defendant” shall be incorporated collectively into “T Co., Ltd.”;
2. Determination on the main claim
A. 1) The summary of the Plaintiff’s assertion (1) (1) The Defendant ordered a high-class and distribution type accelerator (hereinafter collectively referred to as “the instant provisional habit”) on September 9, 201, and requested the Plaintiff to change the design that requires a new production of gold-type, such as the expansion of the entrance of water tank and the extension of the area of earthing and sanding. Accordingly, the Plaintiff could not comply with the payment period.
The Defendant demanded a change of design that is impossible to observe the due date, but the order was revoked on the ground of delay in the due date. Accordingly, the Plaintiff failed to supply 1,850 units (=high-class 706 units of order = 5,00 units of supply - 4,294 units of supply) out of 10,00 units of delivery ordered first. (i.e., ordered quantity of 5,00 units of supply - 5,00 units of supply - 3,856 units of delivery quantity).)
(2) Such cancellation of the Defendant’s order is an act of reducing or cancelling unfair orders in violation of Article 25(1) of the Act on the Promotion of Collaborative Cooperation between Large Enterprises and Small-Medium Enterprises (hereinafter “Mutual Cooperation Act”).