손해배상(기)
1. On October 5, 2012, the Defendant (Counterclaim Defendant) filed against the Plaintiff (Counterclaim Defendant) for KRW 125,809,352 and KRW 66,326,192 among them.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a company that manufactures and sells synthetic resin film, etc. used as a raw part for advertising, and the Defendant is a company that manufactures and sells various kinds of points and contact points.
B. On September 201, the Plaintiff: (a) requested the Defendant to develop a set of 1 to be used in the original unit for advertising produced by the Plaintiff; and (b) the Defendant developed a set of 1 top-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-
C. On March 9, 2012, the Plaintiff notified the Defendant of the decision to manufacture a large volume of products using the instant landing system, and produced an advertising unit for the instant landing scheme supplied by the Defendant with the instant landing scheme worth KRW 70,160,310 from May 17, 2012 to August 21, 2012 (hereinafter “instant supply contract”).
However, around August 16, 2012, the Plaintiff received all the goods supplied from Nonparty B, who was supplied with the raw materials for advertising purposes produced by using the instant landing system, on or around June 2012, on the grounds that the flow of water reduction and point landing has occurred, and thereafter, the Plaintiff confirmed that the flow of water reduction and point landing has occurred as a result of investigating the raw materials for advertising purposes produced by the Plaintiff using the instant landing system.
E. On August 28, 2012, the Plaintiff knew the Defendant of the fact that the defect occurred in the instant point landing. On September 6, 2012, the Defendant was returned KRW 1,070 g (3,177,900) from among the point landings of the instant case supplied to the Plaintiff on September 6, 2012.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5, 6 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 6, Eul's testimony, and the purport of the whole pleadings
2. Determination as to the principal lawsuit
A. The plaintiff's assertion 1 of the parties concerned is for the advertisement that is produced using the point of this case.