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(영문) 서울동부지방법원 2019.08.21 2018나30773
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning for this part of the judgment of the court is as follows: (a) the Defendant’s products supplied to the Plaintiff is identical to the part of “1. Basic Facts”, except for adding “the products of this case” to “the products of this case” following the second 15th of the judgment of the court of first instance; and (b) thus, it is acceptable in accordance with the text of Article 420 of the Civil Procedure

2. The grounds for this part of the court’s liability for damages are as stated in the part “2. Liability for damages” among the grounds of the judgment of the court of first instance. Therefore, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

3. Scope of liability for damages

A. The plaintiff asserts that, under the premise that the difference in the unit price supplied by the defendant is losses due to the difference in the origin of KIKO, which is the main raw material of D and E products, D, the amount of damages for D is 145,569,60 won [1,680 won or 10,00 won (6,00 won or 6,00 won or more of the unit price of the product manufactured by Escinic acid) x 30,120 won supplied by Escinic acid (30,704,00 won or more of the product manufactured by Escinic acid) 】 8,704,00 won or more of the raw material of Escinic acid [6,270 won or more of the product manufactured by Escinic acid x 5,30 won or more of the product manufactured by Escinic acid x 40 g in Korea] -6,000 won or more of the product of this case.

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