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(영문) 대구지방법원 2017.10.20 2016가단133529
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,000,00 and 5% per annum from March 30, 2016 to January 6, 2017.

Reasons

1. Chief;

A. The Plaintiff is the so-called primary components supplier that manufactures automobile parts or parts thereof and supplies them to the completed vehicles, such as modern automobiles. Defendant A is the manager of Nonparty C Co., Ltd. (hereinafter only referred to as Nonparty Co., Ltd) who is the so-called secondary components supplier that used gold and manufacturing equipment from the Plaintiff to manufacture and supply the automobile parts, etc. to the Plaintiff, and Defendant B is the general director of Nonparty Co., Ltd.

B. (1) Around April 30, 2012, the non-party company confirmed that the gold-type and production facilities necessary for the production of the motor vehicle parts supplied to the Plaintiff were owned by the Plaintiff. The non-party company promised to give consent and cooperation upon the Plaintiff’s request for withdrawal of the gold-type and the transfer of the place when the Plaintiff’s request for return due to the Plaintiff’s necessity or upon the occurrence of a serious managerial cause, such as an application for declaration of bankruptcy of the non-party company and an application for corporate reorganization. (2) On March 23, 2016, the Plaintiff was aware of the fact that the non-party company loaned the gold-type and production facilities borrowed from the Plaintiff to the re-subcontracted business without the Plaintiff’s consent.

Accordingly, the Plaintiff terminated the supply contract with the non-party company on the ground of the above violation of this undertaking, and demanded the Defendants to remove gold and assembly production facilities.

3) From March 23, 2016 to March 30, 2016, the Defendants, knowing that if the Plaintiff was unable to receive a refund of the said gold, etc. between March 23, 2016, the Plaintiff made intimidation, such as the suspension of supply of parts and the suspension of trading, etc., to the Plaintiff’s officers and employees, who would not return the said gold, without paying KRW 100 million to them. Accordingly, the Plaintiff’s officers and employees, who are drinking, are the Defendant on March 30, 2016.

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