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(영문) 서울고등법원 2018.10.11 2018나2017943

손해배상(기)

Text

1. Of the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) that exceeds the amount that orders the payment of the principal lawsuit below.

Reasons

1. Basic facts

A. 1) The Plaintiff is a person who engages in contact lenses export business in the name of “C”. 2) The Defendant was established on June 27, 2012 as a company engaged in contact lenses manufacturing and research and development business, wholesale retail business, etc., and E is working as the representative director of the Defendant since its establishment.

B. On July 1, 2008, the Plaintiff entered into a contact lenses supply contract between the Plaintiff and E, and succeeded to the Defendant’s contractual status, etc. (1) Around July 1, 2008, the Plaintiff entered into a product supply contract with the E and the E engaged in the contact lenses manufacturing business at the time, to manufacture and supply contact lenses to the Plaintiff upon receiving the Plaintiff’s order. The contract term is one year from the date of the contract, and the contract term is automatically extended on a yearly basis if there is no additional agreement (hereinafter “previous contract”).

2) The Defendant, upon the establishment of E on June 27, 2012, succeeded to the entire business of E’s previous contact lenses manufacturing. Accordingly, the Defendant succeeded to the legal relationship with the Plaintiff under the previous contract.

3) On or around July 8, 2016, the Plaintiff entered into a product supply contract with the Defendant under the same terms and conditions as the previous contract (hereinafter “instant contract”).

(C) Around February 2012, the Plaintiff received an order of 10,440,00 U.S. dollars equivalent to 32,904 U.S. dollars (hereinafter “US”) from F (F) that is a company located in the State of Saudi Arabia (hereinafter “F”) around February 2, 201.

2) On March 13, 2012, the Plaintiff: (a) on March 13, 2012, “G” products with the trademark “G” 10,440 (hereinafter “G products”).

(3) On May 31, 2012, the Plaintiff sent G products to the F company on May 31, 2012, and entered them in the packaging of G products.