beta
(영문) 대전지방법원 2016.02.17 2014가합108960

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff is a corporation whose business purpose is to manufacture meat processing products, such as chickens and meat, and wholesale and retail business. The defendant is a corporation that provides chickens processed by the processing company and supplies the processed chickens and related products to the franchise store. The plaintiff is a corporation that engages in wholesale and retail business, franchise business, etc.

The defendant was supplied with chiller cut meat from the name of the processing company, Inc. (hereinafter referred to as "master name").

명가가 공급하는 닭고기 절단육에 결수(조각이 부족한 것), 뼛조각이 너무 예리하게 잘리는 현상, 내장 미적출, 피멍, 중량 미달, 불순물 함유 등의 문제점이 발생하자, 2013. 10.경부터 닭고기 절단육 공급업체를 변경하거나 명가와 다른 업체로 이원화하는 방향을 검토하였다.

The defendant contacted with the plaintiff in such process, and the plaintiff made malds in compliance with the respective standards of malds and cut the balds of malds produced in certain sizes, while cutting the calds of salds into the defendant.

In this regard, a method of producing chilled meat was proposed.

Accordingly, from October 8, 2013 to January 9, 2014, the Defendant visited the factory of Han-gu, a company that produced chill meat in the chilling method at the time, and the Defendant’s president visited the Plaintiff company on November 18, 2013. In the manner of sending e-mail, official correspondence, telephone liaison, etc. between the parties in charge and the Defendant, negotiations were conducted to conclude the contract for cutting meat processing (hereinafter “instant contract negotiation”).

On February 11, 2014, the Plaintiff placed an order to estimate production costs with the manufacturer of the chiller processing equipment (hereinafter “instant equipment”) using the chilling method, and installed the instant equipment at the Plaintiff’s factory around June 2014.

The plaintiff on March 2014.