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(영문) 서울고등법원 2016.11.17 2016나2027304
손해배상(기)
Text

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

2.Pursuant to a counterclaim brought in the trial.

Reasons

1. The reasons why the court should explain this part of the facts of recognition are as follows: (a) except for the case where the second and third parts of the judgment of the court of first instance ("the manufacture contract of this case") were written, "the manufacture contract of the trial ("the manufacture contract of this case") was entered into", and therefore, it is identical to the corresponding parts of the reasoning of the judgment of the court of first instance, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the

2. Judgment on the plaintiff's main claim

A. The gist of the Plaintiff’s assertion 1) The Defendant, the primary cause of the claim, agreed to order the Plaintiff to block 3,000 heat exchange units monthly, and thus, the Plaintiff believed the agreement and applied to the heat exchange block that fit only for the electrical typer produced by the Defendant (hereinafter “instant product”).

() Since the Defendant produced the instant product and distributed its inventory to 3,000, the Defendant is obligated to pay to the Plaintiff the amount stated in the purport of the instant claim corresponding to the total inventory of the said product 3,000 goods. Although the Plaintiff’s assertion cannot be acknowledged, the Plaintiff and the Defendant have a duty to pay to the Defendant 125,000 won per unit product price per each product of the instant product provided by the Plaintiff to the Defendant, but there is an agreement between the Plaintiff and the Defendant to pay the Plaintiff the price by adding 10,000 won per unit product of the instant product to 10,000 won per unit product of the instant product for the purpose of preserving gold-type expenses. On August 1, 2014, the agreement was concluded that the Defendant continued to sell 2,00 inventory of the instant product owned by the Plaintiff to the Plaintiff for three months, and thus, the Defendant continued to supply the Plaintiff the instant product to the Plaintiff at least 270,000,000 won per claim between the Plaintiff and the Defendant 201.

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