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(영문) 대구지방법원 2017.02.09 2016나306045

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Defendant is engaged in the wholesale, retail and manufacturing business of electronic parts, metal and machinery processing business with the trade name of “E”.

B. On March 8, 2014 and the 10th of the same month, the Plaintiff entered into a contract with China Co., Ltd. (hereinafter “C”) to supply USD 66,720 (excluding value-added tax) to USD 556 (= Chapter 152 Chapter 404).

C. Around that time, the Plaintiff agreed to pay KRW 72,155,500 to the Defendant for the design and production cost of the grogs to be supplied to the above C, by the Defendant and the Defendant, for the design and production cost of the grogs to the Plaintiff.

(hereinafter “instant contract”). D.

In Chapter 1, a number of slots are installed in the glargs, and the plaintiff received a drawing of glargs from C and provided the defendant, and the glarg's slurg's slurg's slurg's slurg's slurg's directly designed and produced

E. According to the above agreement, the Defendant designed slodine, produced slodine samples, and completed C’s sampling samples for about one month, and there was no particular error in the sampling test.

Upon approval of the plaintiff, the defendant produced and supplied 56 copies of the size such as the above sampling (hereinafter referred to as "the instant sampling") to the plaintiff, and supplied them to C.

The Plaintiff paid totaling KRW 72,15,000 to the Defendant on April 30, 2014, May 30, 2014, and June 5, 2014.

F. C, on August 10, 2014 and August 11, 2014, as a result of the mass production by the Plaintiff, the Plaintiff demanded the Plaintiff to re-production and supply the entire part of the slin design change, replacement, and re-production of the slin design (56).