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(영문) 부산고등법원 2016.01.21 2015나51876

구상금 등

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are included in the costs of supplementary participation.

Reasons

1. The reasoning for the court’s explanation on this part of the underlying facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except where the “2011Gahap1695” in Part 5 of the reasoning for the judgment of the court of first instance is deemed to be “201Gahap1675,” and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to claims against Defendant Company and Defendant B and C

A. Comprehensively taking account of the overall purport of the arguments and arguments as to the cause of the claim, the following facts are as follows: ① the Defendant Company requested the Plaintiff’s Intervenor to extend the delivery period without supplying the source location tester until October 17, 2010, which is the delivery period under the instant supply contract; ② the Plaintiff’s Intervenor sent his intent to complete the examination of the source location tester by July 31, 201, and then deliver it to the Defendant Company by July 31, 201; ② the Plaintiff’s Intervenor accepted it and notified the Defendant Company that it would terminate the supply contract of this case without being supplied with the source location tester by July 31, 201; ③ the Defendant Company’s employees supplied the source location tester to the Plaintiff’s Intervenor around August 17, 2011; ④ the Plaintiff Company’s employees were not able to lawfully cancel the supply contract of this case to the Plaintiff’s 10th of the Incheon 20th of the supply contract, and ④ the Plaintiff’s employees were 10th of the supply condition of the Plaintiff’s supply of this case.