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(영문) 서울남부지방법원 2020.02.06 2017가합110596

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. From October 2014, the Plaintiff established a manufacturing factory of the YY (hereinafter “the instant factory”) around February 2015, when operating the Taeai Corporation D (hereinafter “D”) from October 2014.

B. Defendant B Co., Ltd. (hereinafter “B”) received orders from December 2, 2014 to October 19, 2015 for a total of 54,130 arms and legs five times in D.

C. Around March 2016, the Plaintiff acquired a corporation E (E) of another Thailand (hereinafter “E”) around that time, and continued to operate the instant factory under the name of E.

Defendant B received an order from March 22, 2016 to January 17, 2017, for a total of 35,750 arms and legs over four occasions, from March 22, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 9, 17, 27, 28, Eul evidence Nos. 21, 22 and 23, the purport of the whole pleadings

2. The plaintiff's assertion

A. At the time of the establishment of the instant factory, Defendant B entered into an oral contract with the Plaintiff to place an order for the reduction of 66,000 units each year (hereinafter “instant primary contract”). However, until February 2016, Defendant B ordered purchase of only 54,130 units of axiss by order.

On February 15, 2016, Defendant B entered into a contract with the Plaintiff to purchase at least 45,00 satisfys (hereinafter “instant secondary contract”) for one year in the future, but only ordered purchase of 35,750 satisfys by January 2017.

Defendant B is contractually liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the Plaintiff’s failure to perform a part of the instant contract.

B. Defendant C, the representative director of Defendant B, had the Plaintiff establish and operate the instant factory in Thailand by deceiving Defendant B, “If the Plaintiff establishes an exclusive factory that produces a stable that is to supply to Defendant B, and produces a stable that is not capable of purchasing all of the stables produced in the instant factory, the Plaintiff would be supplied with the entire amount.”

C. Defendant B, a corporation, and Defendant C, a representative director, shall jointly and severally compensate for the damages suffered by the Plaintiff.