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(영문) 서울중앙지방법원 2017.10.26 2017가합510374
손해배상(지)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant’s transaction relation 1) is a company that produces and sells furniture using the original trademark attachment method (OEM). The Defendant: (a) requested the assembly company to assemble the completed furniture; and (b) requested a separate component manufacturer to supply the parts to the said assembly company; and (c) produced and sold a number of households; (b) around March 201, the Defendant was requested from the KON Co., Ltd. (hereinafter “EON”) for the supply of the 3back for the sale of home shopping; and (c) traded a number of households other than those intended in B and KON.

For this purpose, the non-party C (mutual: D) requested the production of “one-way, etc.,” which is a component of the 3back’s 3back, and supplied it to the non-party E, who is the assembly company. E assembled with other parts and supplied it to the KON, and KON sold it through the home shopping broadcasting operated by the non-party corporation, E.S. shopping.

3) The Defendant deemed that there is frequent increase in the unit price of the chaired person supplied by C, and decided to self-production the chaired person, etc., and on April 15, 201, deemed that Nonparty F (trade name: G and Nonparty H, the father of the Plaintiff, was in partnership with the Plaintiff’s husband, around April 15, 201.

In the process of concluding a basic contract for the supply of goods to produce and supply chairs, B loaned KRW 20 million operating car to F on May 6, 201. For this purpose, I (from March 201 to November 201), which was an employee of the Defendant, presented some modified designs, such as adding the quantity of clothes connected with the animal face to the design for artificial limbs, etc. being supplied by C. According to Article 6 of the contract, F, according to the production instruction, drawings, other books and instructions issued by B, H, as well as the direction of B.

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