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(영문) 부산고등법원 (창원) 2018.06.21 2017나21247

손해배상(기)

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 462,898,00 on September 2016.

Reasons

Basic Facts

The Plaintiff is an individual entrepreneur who manufactures and sells food crushing machine for kitchen use in the trade name of “B,” and the Defendant is a company that manufactures and sells small electric motors, etc., and the Samjin-ro Co., Ltd. (hereinafter “Tjin-ro”) is a company that engages in the business of wholesale business of a bowling automation parts.

In 2011, the Plaintiff entered into a contract with Samjin-gu, 300 won per unit to be used as part of the food pulverization machine from Samjin-gu. The Plaintiff requested the Defendant to manufacture a master under the above contract.

The Plaintiff requested the Defendant’s employees to produce a sample with food crushing machine attached to a model name S/ND11-94610 master (hereinafter “the sample site of this case”) produced in Birreh (NAHIM) which is a foreign company (hereinafter “the sample site of this case”). The Defendant analyzed and analyzed the electrical characteristics of the sample site of this case, and then prepared a development request (Evidence No. 16) and sent it to the Plaintiff. The Plaintiff approved this.

The defendant supplied the mother produced by the defendant to the plaintiff, and the detailed supply details are 3,900-20G (OG87) master names from January 2012 to July 2013, 1,515 master names SD150-220G (OG88) master names from April 2013 to October 2013, and 6,01 master names from April 15, 2011 and model names S9D150-220G (OH68) master names from July 2013 to October 1, 200 master names from April 2013 to October 2013.

[Attachment 12,432 in total, each of the above can be referred to as “OG87 master,” “OG88 master,” “OH68 master,” and “OH94 master” (i.e., OG87 master, 3,906 master, OG8 master, 6,01, OH68 master, 6,000 master, and 1,000 master, respectively). The Plaintiff manufactured food for kitchen use using the mother of this case, and sold it to consumers.