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(영문) 서울동부지방법원 2017.11.23 2016가합3032
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

From around 2014, the Plaintiff was awarded a contract for the production of a part of the records produced and sold by the Defendant (hereinafter “part”) from the Defendant, and supplied the parts to the Defendant. During this process, the Plaintiff was provided with gold-type as shown in the attached list (hereinafter “existing gold-type”).

The plaintiff was in default on January 2016.

[Based on the recognition] The absence of dispute, Gap evidence Nos. 1 through 3, 6, 7, Eul evidence Nos. 1 (including the number of pages; hereinafter the same shall apply), and the plaintiff's argument as to the whole purport of the pleading, the guarantee show number ("guarantee number" means the number of sheets stamped in gold in the process of producing the parts, and the "guarantee show number" means the number of shocks guaranteed to allow the production of parts without the occurrence of defective products; hereinafter the same shall apply) are determined, and the use show number (referring to the actual number of those stamped by the relevant gold type; hereinafter the same shall apply) is determined, and the use show number (referring to the number of those shown by the relevant gold type; hereinafter the same shall apply) is increased remarkably by using the gold type exceeding 70 to 80% of the guarantee show number.

However, the plaintiff entered the existing gold-type use show numbers in the computer system so that the defendant can be informed of the use show numbers, and the plaintiff requested the defendant to provide new gold-types to the defendant at the time when the existing gold-type use show numbers reach the extent of 70 to 80% of the guarantee show numbers.

However, due to the Defendant’s internal circumstances, the supply of the metal type requested by the Plaintiff was delayed, and in such circumstances, the Defendant continued to place an order for the supply of parts and had the Plaintiff produce the parts in the existing metal type in which the amount of use shocks exceeds the amount of guarantee shocks. Accordingly, the Plaintiff suffered damages due to a significant increase in the defect rate of the production parts and the existing gold model.

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