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(영문) 서울중앙지방법원 2018.05.03 2017가단5085586
손해배상(기)
Text

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

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. On June 24, 2015, the Plaintiff and Defendant Co., Ltd. (hereinafter “Defendant Company”) concluded a contract with the Plaintiff to manufacture and deliver sales slips for credit cards that the Defendant Company orders by applying a certain unit price, and ② the contract term is from June 1, 2015 to May 30, 2016, and one-year contract term is automatically extended when no notification of termination of the contract is issued at least seven days prior to the expiration date of the contract. ③ The Plaintiff concluded a contract with the Defendant Company to manufacture the goods and deliver them to the places designated by the Defendant Company within five days from the date of the order (hereinafter “instant contract for the supply of sales slips”).

[Ground of recognition] Unsatisfy, Gap evidence 1

2. As to the plaintiff's claim against the defendant company

A. According to the instant sales slip delivery contract concluded between the Plaintiff’s assertion and the Defendant Company, where the termination of the contract is not notified seven days prior to the expiration of the contract term, one year has been automatically extended, and the Defendant Company did not notify the Plaintiff of the termination seven days prior to the expiration of the contract. As such, the instant sales slip delivery contract is valid until May 30, 2017.

The defendant company changed the party to the sales slip delivery contract of this case to the company established by the defendant B or the defendant B without any justifiable reason, and received sales slips from the changed party, and the plaintiff suffered losses equivalent to the profit that can be gained during the maintenance of the contract.

Since the sales revenue related to the sales slip supplied to the defendant company under the instant sales slip supply contract from June 2015 to June 2016 is equivalent to KRW 285,00,000 and the relevant sales revenue is equivalent to KRW 237,50,000, the Plaintiff suffered damages equivalent to KRW 47,500,000, which is the difference.

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