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(영문) 서울고등법원 2017.05.12 2016나2088774
손해배상
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the payment order is ordered exceeding the following amount ordered to be paid.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the part of the reasoning of the judgment of the court of first instance, except for the following order of 7-11 to 8-16 of the judgment of the court of first instance. Thus, this part of the reasoning of the judgment of the court of first instance is cited by the main sentence of Article 420 of the Civil Procedure Act.

[2] In full view of the following facts acknowledged by the purport of the entire pleadings in the evidence Nos. 22 and 31 as a whole, the daily operating profit that the Plaintiff suffered from the Plaintiff’s failure to produce fertilizers from December 24, 2014 to January 9, 2015 due to the instant accident shall be determined as KRW 360,886,082 (average daily production volume x 17 days x the number of days suspended x 17 days x the limit of the fertilizer per ton x KRW 92,118, and less than KRW 1).

(A) From January 1, 2014 to November 30 of the same year, the Plaintiff produced a total of 76,971 tons of fertilizers in a factory where the instant accident occurred.

Therefore, it is reasonable to view that the Plaintiff produced fertilizers of an average of 230.45 tons per day [76,971 tons ¡À(365 days-31 days), and a small number of fewer than two] around the time the instant accident occurred.

(B) The Plaintiff produced a total of 94,417 tons of fertilizer and imported a total of 50,65,000,000 won in total in 2015. Thus, the sales unit price per ton of fertilizer is 536,502 won (50,65,000,000 ±94,417 tons, and less than KRW 94,417 tons).

As a result of 2015, the Plaintiff’s raw material cost per ton of fertilizer amounting to 334,744, 38,253, transportation cost amounting to 33,099, sales commission amounting to 38,287, and the Plaintiff’s total cost of change per ton of fertilizer amounting to 44,383,00.

Therefore, the Plaintiff’s limited profit per ton of fertilizer is KRW 92,119 ( KRW 536,502-44,383), which deducts the total cost of change from the unit sales price. As the Plaintiff’s assertion, KRW 92,118 is recognized as the limited profit per ton of fertilizer.

(2) The Defendant should calculate the amount of damages based on the business profits, which deducts not only the cost per unit but also the fixed cost per unit from the sales per unit.

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