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(영문) 울산지방법원 2017.12.13 2016가합24013
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 255,00,000 and KRW 175,000,000 among them, from February 13, 2015 to 50.

Reasons

(d) proof;

On February 12, 2015, the Defendants entered into a contract with the Plaintiff on the supply of high luminous synthetic resin (hereinafter “raw materials”) which is a raw material for the PET scrap products produced and sold by the Plaintiff to the Plaintiff.

(hereinafter “instant raw material supply contract”). The main contents of the instant raw material supply contract are as follows:

A contract for raw material supply (hereinafter referred to as "A") and E (hereinafter referred to as "B") shall enter into a contract for the supply of raw materials with the PVC (hereinafter referred to as "raw materials") which are the raw materials of PET scrap (hereinafter referred to as "products") that are produced and sold by "A" and high luminous synthetic resin (hereinafter referred to as "raw materials") under the following conditions:

Article 3 [Terms and Conditions of Raw Materials Supply Contracts] Period of Supply: Quantity supplied from March 1, 2015 to February 28, 2019: 194 194 metric (25th day) per month (25th day) per machine (48.56 tons) per 3 machinery (25th day) : Basis for Calculation (145.68 tons): 6 meters (per day) *60 minutes*24 hours x 8,640 metres = 8,640 metres = 7,776/1,00 meters (1,00 meters per 1,00 meters) = 7.70 *250 km (PVPT) (1 250-270 km) x 1,942.5 km (19k metric) 15g per machine

E. After the conclusion of the instant sales contract, the Defendants provided the Plaintiff with 145.68 tons of raw materials each month in accordance with the instant raw material supply contract, but up to now, only a total of 104.32 tons of raw materials as indicated below.

On July 20, 2015, July 2015, 2015, the total quantity of the supplied goods on July 14, 2015, November 15, 2015, is 58.05 tons of 12.85 tons of 12.09 tons of 12.71 tons of 13.71 tons of 104.32 tons of 104.32 tons of the total quantity of the supplied goods on July 7, 2016.

F. On November 27, 2014, prior to the conclusion of the instant sales contract, the Defendants provided the Plaintiff with a letter of intent to purchase the goods stating that “Seodos have the intent to purchase the PVCE produced and sold by the Plaintiff.”

G. The Plaintiff actually did not produce 8m products of the instant machine per minute, and the Defendants may provide the Plaintiff with raw materials of 145.68 tons per month.

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