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(영문) 서울고등법원 2016.12.16 2015나2060625
손해배상
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except in cases where part of the judgment of the court of first instance is written or re-written as stated in the following 2. Thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure Act.

2. A portion to be followed or added in the judgment of the first instance; and

(a) In the second part of the judgment of the first instance, the phrase “not later than December 10, 2014” has been written to read “not later than October 2014.”

(b) Nos. 3 through 4 of the first instance judgment shall be followed in the following cases:

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion (1) the Defendant agreed to supply the Plaintiff with a rubber content of 5%, and the Defendant failed to perform its obligation by delivering the rubber content of less than 5%, which is the agreed content.

(2) From June 2014 to August 2014 of the same year, the Plaintiff supplied the Defendant with the raw materials containing the rubber content below the above rubber content, and the shape of the clothing manufactured by using 22,303.5kg out of the raw materials supplied 67,010km was changed by yellow or yellow.

(3) Therefore, the Defendant is obligated to pay to the Plaintiff KRW 225,842,680 [the amount of KRW 129,042,970 for purchasing the land again] and delay damages therefrom [the amount of USD 129,042,970 for purchasing the land again] and KRW 96,79,710 for purchasing the land again [the amount of KRW 18,916.36 for the Plaintiff, USD 18,448] x 1,108 for the Plaintiff]. (b) Determination 11, No. 24 (including the land number; hereinafter the same shall apply].

According to each description of the above, the defendant stated in the letter of promise to sell the raw materials for export that the defendant delivered to the plaintiff as "POYYESTER 95%, SPNDE X 5%," and the SPNDD 5%, which is an important factor to determine the price of the place of origin. Thus, the defendant is liable to the plaintiff according to the letter of promise to sell the raw materials for export.

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