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(영문) 대구지방법원서부지원 2015.01.15 2013가합3508
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in textile export business and manufacturing business, and Defendant Samsung C&C is a U.S. subsidiary of Defendant Samsung C&T, and is engaged in manufacturing business, such as clothing, in the U.S.

B. From 2003 to 2012, the Plaintiff concluded a textile product supply contract with Defendant Samsung C&N and traded (hereinafter “the instant transaction”). The transaction amount is USD 1,267,165.85 (hereinafter “the instant currency unit”) in 2007, USD 5,445,203.70 in 2008, USD 9,746,350.51 in 2009, USD 13,15,594.20 in 22,785, 160.82 in 2012, USD 24,557,344.70 in 203.70 in 209, USD 9,746,350.51 in 209, USD 13,15,594.20 in 20, USD 22,785,160.82 in 2012.

C. Defendant Samsung C&T notified the Plaintiff that it would not conclude a textile product supply contract with the Plaintiff from August 2012 and around November 2013 of the same year, and it did not conclude the contract with the Plaintiff since 2013.

In the instant transaction, ① the sample request phase (the phase where the Plaintiff delivers Engrav Ltd. with the content that “the relevant design is embodied to the original unit” in order to identify whether it is possible to supply fiberss developed by the Defendant Samsung C&Crr,” ② the phase of submission of sampling (the phase where the Plaintiff submits samples with the degree of 500 square meters that the relevant design is embodied to the Defendant Samsung C&Cr), ③ the phase of approval for sampling (the phase where the Plaintiff submits samples with the degree of 500 square meters that the relevant design is embodied to the Defendant Samsung C&Cr), ③ the phase of approval for sampling (the phase where the Defendant Samsung C&Cr reported the sampling submitted by the Plaintiff and the relevant design is not realized properly, or the Plaintiff is required to produce sampling again with other textile suppliers, and the Plaintiff is notified of the approval for sampling if it is implemented properly), and the purchaser’s purchase price is confirmed after the purchaser’s confirmation.

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