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(영문) 대구지방법원 2016.09.08 2015가합200061

손해배상(기)

Text

1. The Defendant’s KRW 8,485,200 as well as 6% per annum from January 13, 2015 to September 8, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an enterprise that is supplied with synthetic fibres and continues to do so. The Defendant is an enterprise that manufactures clothes rooms, etc. by cutting or processing the strings.

B. The plaintiff and the defendant around December 2002 supplied originals from companies such as filial duty, etc. to the plaintiff and supplied them to the defendant, and the defendant made a transaction in the way that the plaintiff supplied originals to the manufacturer of the original body by cutting or processing the parts completed with the chain work and supplying them to the manufacturer of the original body, and receiving the processing fees from each manufacturer due to efficacy, etc.

C. The above nuclear power plant or room was developed and supplied by the nuclear power plant in the hack pipe called Bobin (Bobin). The Defendant supplied the connected rooms from the Plaintiff and processed them, and then the remaining vacant land has been settled by way of returning efficacy, etc. to the Plaintiff or the original supplier company.

Around December 26, 2002, the Plaintiff continued transactions with the Defendant, such as the supply and return of emptys, etc. since the commencement of transactions with the Defendant, and ceased transactions around December 2014, and failed to receive a refund of part of the emptys from the Defendant.

[Judgment of the court below] The ground for recognition is without dispute, Gap evidence No. 2, and the ground for appeal

2. The plaintiff alleged in the parties concerned has supplied the plaintiff with the construction of the plaintiff's celebine and supplied it to the defendant. Since the defendant's failure to return all the celebines to the plaintiff and caused damages to the number of the celebines not returned, the defendant is liable for damages caused by the non-performance of the return agreement or the infringement of ownership of the celebines not returned to the plaintiff within five years from the date the plaintiff filed the lawsuit in this case. The number of celebines not returned until now is 16,711, and the value of celebines is 1,00 won per opening.