(영문) 대구지방법원 서부지원 2018.11.07 2015가단551

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(영문) 대구지방법원 서부지원 2018.11.07 2015가단551

손해배상(기)

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1. The Defendant’s KRW 13,784,082 as well as the Plaintiff’s annual rate from January 27, 2015 to November 7, 2018.

Reasons

1. Basic facts

A. On February 2014, the Plaintiff entered into a contract for the forest processing with the Defendant for the original unit supplied by the Plaintiff at KRW 14,600 per kilogramal volume and KRW 1,050 per kilogramal value for forest processing.

B. The Plaintiff supplied the raw materials processed by the Defendant (hereinafter “raw materials of this case”) to B, but around June 2014, B notified the Plaintiff of the occurrence of a yellow phenomenon before and after the salary grade in the instant raw materials of this case. The Plaintiff notified the Defendant of the occurrence of a yellow phenomenon in the instant raw materials of this case around that time.

C. Thereafter, the Plaintiff and B agreed to pay KRW 28,713,600 out of the amount of damages of KRW 47,856,00,00 in total, KRW 18,800, KRW 7,000 in the amount of damages of KRW 60,00 in the amount of damages of KRW 7,856,00 in the amount of damages of KRW 28,713,60 in the amount of damages of KRW 20,00 in the amount of KRW 10,00 in the amount of KRW 22,05,00 in the amount of KRW 10,00 in the amount of damages of KRW 20,00 in the amount of KRW 20,00 in the amount of damages of KRW 20,00 in the amount of damages of KRW 7,856,00 in the amount of damages of the Plaintiff’s goods.

[Ground of recognition] Each entry in Gap evidence Nos. 1 through 5, and the result of the inquiry and reply to the fact-finding about Eul, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion 1) The damage claim occurred from the original part of this case where the plaintiff asserted, processed and supplied with salt-processing by the defendant. The plaintiff is obligated to compensate the plaintiff for damages amounting to KRW 28,713,60,00, which is 60% of the damage amount arising from B, which is 47,856,00 won, between B and B that made the clothing product after being supplied with the original part of this case, and to deduct it from the original part of the goods supplied to B, and thereby, the amount equivalent to the above 28,713,600 won is deducted from the original part of the goods supplied to B. Thus, the defendant is obligated to compensate the plaintiff for damages amounting to KRW 28,713,60,00.

B. The plaintiff's assertion is the object of appraisal.

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