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(영문) 대전지방법원천안지원 2014.01.24 2012가합6908
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a stock company established mainly for the purpose of developing, manufacturing, and selling protected films, and the Defendant is a stock company established mainly for the purpose of producing and selling vinyl.

B. From November 2009 to January 201, 2012, the Defendant supplied vinyl films (the name of the Defendant shall be indicated as polyethylene B/W films, or as such, for convenience; hereinafter “the instant vinyl film”) used as a raw material for protected films to the Plaintiff, and there was a phenomenon of discovering or tearing them into the protected films produced by the Defendant using the instant vinyl film.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-3, 5, 6, and 8-8, and the purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion requested the defendant to supply the thickness of the vinyl film of this case to the defendant as 80 leasing 80cc. (b) but the thickness of the above vinyl film supplied by the defendant was merely 70 microds, and there was a problem of hard tearing. The plaintiff's physical damage was caused to the body of the protected film of this case, which was supplied as a result of its supply without any possibility of being able to the surface, and manufactured by using it.

Accordingly, the Plaintiff was bound to return to the Plaintiff the amount equivalent to KRW 106,076,538 out of the protected films of this case supplied by the Defendant. Then, the Plaintiff was found to be a customer with the protective films of this case and then was directly removed and distributed KRW 16,875,260 by directly removing them. USD 25,617, which is damages suffered by the transaction partner in the Thailand, was paid KRW 4,407,820 for all expenses, such as air fares, while the Plaintiff paid USD 25,617, which is damages suffered by the transaction partner in the Thailand. The Plaintiff was kept without selling the protective films of KRW 10,604,284 for the reason that other customer's wife is bad, and the transaction with the major transaction partner was closed, and the Plaintiff was 329,795,501.

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