손해배상(기)
1. The plaintiff's appeal is dismissed
2. The plaintiff's selective claims added in the trial are dismissed.
3. Appeal.
1. Basic facts
A. The plaintiff is engaged in textile also and retail business, and the defendant is engaged in textile manufacturing and wholesale business.
On April 201, the Plaintiff subcontracted that, after receiving a contract for the original process from PPSC Co., Ltd., Es. (hereinafter “PSC”), the Plaintiff supplied the original part of which the Plaintiff completed chromosome to the Defendant, and that the Plaintiff conduct the Lene-rating work (a process for the speculative and waterproof processing, which is one of the construction methods for the filming and waterproof processing, folded with the original part of the film by using a high roller).
(Nos. 3-1 through 4-8). The Defendant, around June 2011, supplied Litling work to the original body supplied by the Plaintiff, and supplied it to Es.I.D. designated by the Plaintiff by November 201.
B. Es.A. S.C. manufactured a luc book using a lucule team that the Defendant had engaged in the luculing work, and sold it to the NAP Co., Ltd. (hereinafter “NP”) from September 201 to November 201.
On December 201, NAP sold the above Masan Paket to the consumer, and from around December 201, it received the request from the consumer for return on the ground of Babs and other defects, and on this reason, requested Esc to compensate for damages.
C. The Plaintiff filed a principal suit claiming 66,748,880 won for the amount of unpaid goods against ASEAN (Seoul District Court Branch Decision 2012Kadan21717). Escenz filed a counterclaim against the Plaintiff claiming damages of KRW 53,609,120 (Seoul District Court Decision 2013Gadan7275), and on January 17, 2014, the lawsuit was terminated by the conciliation of the amount of damages of KRW 53,609,120 (Seoul District Court Branch Decision 2013Ga7275).
(A) No. 8-1 of the evidence No. 8-1 of the conciliation provision provides that "the plaintiff renounces the principal claim, and Es.S.C. waives the counterclaim. The plaintiff and Es.C. confirm the existence of any obligation and debt and do not make any civil or criminal claim or objection in the future."
Co., Ltd., non-Co., Ltd.