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(영문) 광주고등법원 2019.08.21 2017나15781

손해배상(기)

Text

1. As to Defendant C among the judgment of the first instance, including a claim that was selectively added by this court.

Reasons

1. Basic facts

A. The Plaintiff is a company established on December 27, 2006 for the purpose of manufacturing and selling plastic pipes, etc., and the Defendant C is a company established on August 10, 2010 for the purpose of selling fish-type machinery and equipment and polyethylene pipe (hereinafter “dui ethyl Pipe Pi”), etc.

B. The Plaintiff: (a) from July 2010 to May 2011, the pipe supply contract 1) supplied the pipe for production from Defendant B; and (b) agreed to be supplied with the pipe for production from Defendant C and Defendant C around October 2010; and (c) the Defendant agreed to be supplied with the pipe for production from Defendant B and the Plaintiff around that time. Accordingly, the Plaintiff produced a total of 27 occasions from around that time to around May 201, and supplied the pipe for production from Defendant C (hereinafter “instant pipe”).

2) The pipe of this case purchased from Defendant C by May 201 is 3,653, 39, 576.2m in length, and the total purchase price is 258,269,100 won.

(Until March 2, 201, the pipe purchased KRW 6,300 per m, and thereafter purchased KRW 7,100 per m). The pipe of this case first produces recyclable materials by mixing them with 100% from February 2, 2011. From 1:1, 100%, the pipe of this case used 10% of recyclable materials among the pipe of this case purchased by the Plaintiff is 2,032, 23,975.4m in length, and used them mixed with new raw materials and recyclable materials.