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(영문) 부산고등법원 (창원) 2018.04.12 2017나22233
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court of the first instance’s explanation concerning the instant case is as follows: (a) the reasoning of the court of the first instance, except for adding the judgment identical to that of paragraph (3) to the Plaintiff’s assertion made by this court; and (b) thus, it is identical to the reasoning of the first instance judgment, thereby citing it in accordance with the main sentence

(1) The Plaintiff’s grounds for appeal, except for the portion to be determined additionally as stated in paragraph (3), did not differ significantly from the allegations in the first instance trial, and the fact-finding and determination in the first instance court are deemed justifiable in view of all the allegations and evidence added by this court). 2. On February of the first instance judgment, the part, which was used by the first instance court, read “entry and exit of raw materials” as “entry and exit of raw materials” and “190,900 tons” as “190,80 tons” respectively.

The part of the judgment of the court of first instance regarding the argument that "the processing unit price of the raw materials difficult to be processed was unfairly lowered" from 10 to 6 4 shall be as follows.

1) The processing cost should be calculated by applying the processing cost (the 25,800 won per ton of 1 ton of 25,800 won, and the 102,000 won per ton of 1 ton of 25,800 won) as a result of a relatively more time and effort compared to the general breadth work, which is a raw material for which the plaintiff's claim is difficult to process. However, the defendant calculated the processing cost of a double-breadth and high-net processing by applying the general breadth processing unit cost as it is. As such, the defendant calculated the processing cost of a double-breadth and high-net processing by applying the general breadth processing unit cost (amended by Act No. 14814, Apr. 18, 2017; 1,428,986,61300 won per ton of 1 ton of 1 ton of 1 ton of 25,814,205 won (the part of the processing cost paid by the plaintiff).

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