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(영문) 인천지방법원 2015.03.19 2014가합5568
손해배상(기)
Text

1. The Defendant’s KRW 108,512,497 as well as 6% per annum from April 5, 2014 to March 19, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in the manufacturing business of industrial machinery, automobile parts, etc. under the trade name of “C”, and the Defendant is a person who supplies the above parts to the Namyang Industries Co., Ltd., Ltd., a primary supplier of modern Abandoned Aircraft (hereinafter “Namyang Industries”), by cutting and processing automobile steering device parts under the trade name of “D.”

B. On February 7, 2013, the Plaintiff and the Defendant enter into a supply contract with the content that the Plaintiff would offset the price of supplied goods by the Plaintiff’s 5,00,000,000 won per year (hereinafter “instant supply contract”) for five years from the date of the completion of the order of the Nam Industries by using a 2 unit of CNC and 1 unit of TPC exclusive licensee. The Plaintiff would supply 96,000 won per year to the Defendant for five years until the completion of the order of the Namyang Industries. The Defendant would develop and provide Dog (JG), scale, tools, inspection equipment, etc. to the Plaintiff and set-off the amount of KRW 5,00,00 per month from the price of supplied goods (hereinafter “instant supply contract”).

C. On March 8, 2013, the Plaintiff: (a) leased the instant building No. E and No. 1034, Dong 1034 (hereinafter “Sil interesting building”) in order to upgrade the instant automobile parts in accordance with the instant supply contract; and (b) completed preparation for the implementation of the instant supply contract, such as borrowing a loan to lease facilities and equipment around April 16, 2013.

Meanwhile, on April 2013, the Defendant provided the Plaintiff with tools for the mass production of the instant automobile parts, such as gings and gings, in accordance with the instant supply contract.

On May 6, 2013, the Defendant notified the Plaintiff of the modification of the design in accordance with the instant order to modify the automobile parts of the Namyang Industries (hereinafter “instant modification of design”). On May 16, 2013, the Defendant recovered all tools, such as paper and scale provided to the Plaintiff for the modification of the instant design, and entered into a new supply contract with the other company on the same day.

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