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(영문) 서울중앙지방법원 2017.01.13 2015가단5260802

손해배상(기)

Text

1. Defendant D Co., Ltd

A. Plaintiff A: 50,000,000 won;

B. Each of the Plaintiff B and C shall be KRW 25,000,000 and each of the above.

Reasons

In light of the fact that the sales and purchase amount after the date was inaccurate, the amount claimed by the Plaintiff during the above period should not be added to the amount claimed by the Plaintiff.

② The amount of profit lost in 2015: 5,00,000 won ¡¿ 8 months = 40,000,000 won = 30,000 won in 2014 and 2015: 62,510,080 won in 2014 (=22,510,080 won in 40,000 won in 200,000) Therefore, the Defendant Company is obligated to pay to the Plaintiff 50,000,000 won in part of the said damages, and damages for delay.

2) The average profit shall be calculated on December 2, 2013, which is the last month in which the Defendant Company performed its obligations on the same ground as that of Plaintiff B and C. (i.e., the amount of profit of KRW 17,087,80 on December 2, 2013 shall be calculated as an amount of profit of KRW 40% equivalent to the amount of KRW 7,00,000 on 2014: - KRW 3,701,827 ( KRW 100,385,100 - KRW 67,068,653) ± 97.27: The amount of profit of KRW 50 on the basis of KRW 20,50 on the basis of KRW 20,00 on the basis of KRW 97,00 on the basis of KRW 30,50 on the basis of the average profit of KRW 205 on the basis of KRW 97,578,276 on the basis of