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(영문) 대전고등법원 2015.06.24 2013나11568

손해배상(기)

Text

1. Of the judgment of the first instance, the part against Defendant E, F, and I among the judgment of the first instance shall be revoked, and the plaintiff shall be subject to the revoked part.

Reasons

1. Basic facts

A. The status of the parties refers to the fact that the Plaintiff, by entering into a contract with Nonparty H (hereinafter “H”) who manufactures steel products by melting scrap metal, is made in a rectangular form six pages by compressing scrap metal of an upper class that is not mixed with almost less than the net net of the biochemical scrap.

The reason for such compressed scrap metal making is because it has the effect of reducing transport cost by reducing the volume.

Defendant B Co., Ltd. (hereinafter “Defendant B”), which is a collecting company of scrap metal, is a company that supplies the Plaintiff with the compressed scrap to H in accordance with the said scrap transaction contract. Defendant C is the representative director of Defendant B, Defendant D is a person who produces the biochemical compressed scrap through the excavating process, and Defendant E, F, and I are employees belonging to H tallying team, who are in charge of inspecting the biochemical compressed scrap supplied to H through the Plaintiff.

B. On July 17, 2009, the Plaintiff entered into a contract for scrap scrap (hereinafter “instant scrap transaction contract”) with a view to supplying scrap compressed scrap to H, and entered into a contract for scrap (hereinafter “instant scrap transaction”) with the following contents and received it from the Defendant B, etc. around that time. In fact, the supply process was followed by the method of immediately transporting the scrap by Defendant B, etc. without omitting the process of supplying it to the Plaintiff by the Plaintiff.

The Representative Director J (hereinafter referred to as the "A") and the Representative Director K (hereinafter referred to as the "B") of HA (hereinafter referred to as the "A") shall enter into a contract for the transaction of scrap scrap in order to provide for the matters and roles necessary for the supply of scrap and to implement the terms and conditions of this contract in accordance with mutual faith and good faith as follows:

Article 1 (Transaction Method) "B" shall be the screen required by "A".