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(영문) 대전고등법원 2015.06.05 2014나1131
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff was established for the main purpose of developing, manufacturing, and selling protective tapes, and the Defendant was established for the main purpose of manufacturing and selling vinyl.

B. From November 28, 2009 to December 19, 2009, from July 30, 2010 to June 13, 201, from September 16, 2011 to January 16, 2012, the Defendant supplied the Plaintiff with polyethyl B/W films (hereinafter “pinyl films”) used as raw materials for the protected tape. In particular, the Defendant supplied them to the Plaintiff.

C. Meanwhile, in addition to the plastic film in this case, the Plaintiff was provided with plastic film from A.S. to June 24, 2010; from the upperjin Co., Ltd., the period from July 12, 2011 to September 3, 201; from March 13, 2012 to November 20, 2012; and the Plaintiff was supplied with plastic film. The Plaintiff, via a printing company, printed the trade name, etc. of the customer on the plastic film, etc., made a tape to protect the surface of the composite board, and supplied it to Metba Co., Ltd. (hereinafter “business partner of Thailand”); and Machan Co., Ltd. and Madi, Inc. and aluminium Co., Ltd., Ltd., and aluminium, which were in Thailand.

[Ground of Recognition] Facts without dispute, Gap evidence 10, 20, 21, 35 through 38 (including each number)

2. The assertion;

A. In relation to the instant vinyl film supplied by the Plaintiff from November 2009 to December 2009, and from October 201 to December 2012, 2010, the Plaintiff received a claim from the Plaintiff that the protective tape was teared or combined board of directors.

In other words, although the Plaintiff requested the Defendant to supply the thickness of the instant vinyl film to 80 or (b) to the lower court, there was a problem of tearing well because the thickness of the instant vinyl film supplied by the Defendant is merely 70 microsnifies, and it was supplied to the lower court without any possibility of admitting it on the surface.

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