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(영문) 서울동부지방법원 2017.10.25 2017나20953
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. The Plaintiff entered into a contract with the Defendant on the content that the Defendant would work in the original group of Bronlon supplied by the Plaintiff and supply the Plaintiff with the work.

The Defendant, under the above contract, supplied the Plaintiff with the original 102 km on December 17, 2015, and supplied the original 1,512 km on January 4, 2016. On January 4, 2016, there was a defect of emult and fry from the original emult supplied by the Plaintiff.

The Plaintiff intended to produce clothing by supplying the original body supplied by the Defendant to a business entity manufacturing clothing in Vietnam, but due to the above defect, it has caused any disruptions to the production of clothing.

The defendant is an enterprise that owns the printing equipment using digital type of typer file, and is mainly engaged in printing work on the master body of poly-pickers, and in the case of printing work on the brons, problems such as salt may arise.

[Ground of recognition] Facts without dispute between the parties, entry of Gap evidence 1-1 to Gap evidence 12-8, purport of whole pleadings

B. The gist of the Plaintiff’s assertion argues that the Plaintiff is liable to compensate the Defendant for the total sum of KRW 7,101,60,000 for the cost of re-purchase, KRW 9,211,125 for the cost of re-purchase, KRW 5,197,50 for the Plaintiff’s compensation for the suspension of re-supply of the franchis to the franchising enterprise, KRW 877,60 for the Plaintiff’s compensation for the cost of re-supply of the frans to the franchising enterprise, KRW 1,521,570 for the cost of return of the franchis supplied by the Defendant to the franchising enterprise, and KRW 12,781,355 for the cost of transportation, which was paid to the Defendant, after deducting KRW 7,101,60,00

C. As examined below, the Defendant asserted that prior to the work, the Plaintiff notified the Plaintiff that salt and other defects may occur in the process, and otherwise, the above defect is excluded from the off-line work.

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