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(영문) 수원지방법원안산지원 2015.11.27 2012가단35521
손해배상(기)
Text

1. The counterclaim Defendant is 53,438,274 won to the counterclaim and 20% per annum from July 27, 2012 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in the manufacturing and wholesale business of protected films, wholesale business, etc. under the trade name of “B,” and the Defendant is a company engaged in synthetic resin hosting business, etc.

B. The Plaintiff requested the Defendant to deliver the protective film for the purpose of supplying Acrypt protection films to Acrypt Acrypt Co., Ltd. (hereinafter “Acypt”).

Accordingly, the Defendant completed the joint work on the surface of the film in which cocon or the processing process was completed, and supplied the Plaintiff with the protected films (the Defendant supplied to the Plaintiff is printed on the log of the Sungpox, “EP EunSung Plytech Co., Ltd., Ltd,” in the protected films that the Defendant supplied to the Plaintiff), and the Plaintiff finally delivered the protective films supplied by the Defendant to Napoxex by placing them on the protected films supplied by the Defendant.

C. At around February 20, 2012, Nepox: (a) attached 41,337,780 won [Nepox, Epox, Epox, an object subject to protection of protected films, and attached 41,337,780 won [the Epox, Epox, an object subject to protection of protected films] on the ground that there are defective defects in the protective films supplied by the Plaintiff to the Plaintiff; (b) the Epoxxxxxxxxxxxxxxxxxxxx puts on the Apoxxx, which is an object subject to protection of protected films; and (c) the Epoxxxxxx was not able to normally utilize it ( even if the protective films were removed from the Epoxxxxx, it remains Luxembourg and cannot return Epox to its original state.

) Accordingly, the amount of damages equivalent to the Acrypt value was calculated as KRW 41,337,780, totaling KRW 50,326,180 (= KRW 41,337,780). D.

The Plaintiff’s total amount of KRW 50,326,180,180, 200, 200 on March 25, 2012, and KRW 50,326,180 on March 30, 2012, by issuing a tax invoice of KRW 41,337,780 on March 30, 2012.

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