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(영문) 인천지방법원 2018.03.22 2017가단233718
손해배상(기)
Text

1. All claims filed by the Lessee are dismissed.

2. The costs of lawsuit incurred by a counterclaim shall be borne by the counterclaim.

Reasons

1. Basic facts

A. On August 21, 2015, a counterclaim Defendant, who is engaged in the business of manufacturing mother parts, supplied 400 parent parts (supply price of KRW 4,466,00) and gold-type parts (supply price of KRW 440,00) as indicated in the separate sheet No. 1 on August 21, 2015.

B. On August 26, 2015, the counterclaim ordered 600 of the “190 Crokeer”, the mother part, to the counterclaim Defendant (hereinafter “instant order”). On the following grounds, the counterclaim Defendant refused to supply the instant order for:

① The counterclaim Defendant is a collaborative entity jointly developing and using the metal type of the master parts with “B”, “C”, etc. (hereinafter “joint gold type”), and “B” is a collaborative entity jointly developing and using the master parts of the master parts (hereinafter “joint gold type”); and “B” is a business entity that manufactures the master parts jointly developed by the counterclaim Defendant after receiving the master parts produced in the form of joint gold and supplies them to the G Jin-ro Co., Ltd. (hereinafter “Jin-ro”).

② The counterclaim Defendant agreed explicitly with B not to deliver the reproduction parts made in the form of a common deposit to the enterprises in competition with B.

(3) Article 1-1 (a)

At the time of the delivery indicated in the port, the Lessee was unaware of the fact that the Lessee supplied her mother to the Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-Jin-

C. When it was no longer possible to supply in common gold-type, the counterclaim and the counterclaim Defendant agreed to provide the counterclaim Defendant with the appearance of the gold-type which is part of the gold-type necessary for the manufacture of the mother parts, and the counterclaim Defendant entered into an agreement with the counterclaim Defendant with the effect that “the shape of the gold-type, which is part of the gold-type required for the manufacture of the mother parts, is provided to the counterclaim Defendant, and the mother parts as described in paragraph 1-A using the appearance of the other

hereinafter referred to as the "basic agreement of this case" is called the "basic agreement of this case"

D. The instant case.

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