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(영문) 대구지방법원 2018.09.20 2016가합268
손해배상(기)
Text

1. Defendant B and C jointly and severally with the Plaintiff KRW 320,598,698, and Defendant B with respect thereto.

Reasons

1. Basic facts

A. On February 13, 2015, the Plaintiff entered into a supply contract with Defendant B Co., Ltd. (hereinafter “B”) on a set of KRW 220,000,000 with respect to the raw materials to be used in the manufacture of the above clothes (e.g., color straw, green, NAs, and softs; hereinafter “instant raw materials”). By November 30, 2015, the Plaintiff paid the above payments to Defendant B by November 30, 2015.

Defendant C is the representative director of Defendant B.

B. In order to produce the instant headquarters to be supplied to the Plaintiff, Defendant B requested Defendant D (H operation) to engage in chrosting operations (including drieding with the prime or prescribed processing width). Defendant E Co., Ltd. (hereinafter “E”) requested Defendant E (hereinafter referred to as “E”) to conduct trosting operations (a drosting water to reduce the rate of water change and then putting it into the roll).

Defendant F is the representative director of Defendant E.

C. Upon the above request, Defendant D carried out 15,636 km, and delivered 9,871.5 km among them to Defendant E.

Defendant E completed a tamping work with respect to the original body delivered from Defendant D, and then delivered it to the Plaintiff.

From May 7, 2015 to June 15, 2015, the Plaintiff was supplied with the instant headquarters. Around that time, the Plaintiff produced the clothing using the instant headquarters.

The Plaintiff sold some of the clothing produced through broadcasting of the Plaintiff, Inc. I (hereinafter “I”).

E. From May 11, 2015 to June 18, 2015, Plaintiff, J (the same company as the Plaintiff and the actual owner), and I requested K agency to conduct a test on part of the clothing manufactured from the original unit of this case four times, and as a result of the test, it was judged that the test was inappropriate as to the slope direction and pH of the laundry change rate.

F. The appraiser conducted an appraisal on July 2017: or

9. The present headquarters of this case.

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