(영문) 전주지방법원 2017.06.23 2015가합2231

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(영문) 전주지방법원 2017.06.23 2015가합2231

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company producing blood transfusion (hereinafter “instant product”) which is a test site in which the user can measure blood transfusion by himself, and the Plaintiff is a company exporting blood transfusion to the U.S. market (hereinafter “B”). The Defendant is the representative director of B.

B. On April 24, 2013, the Plaintiff and B entered into a purchase agreement with the Plaintiff to purchase raw materials, such as major reagents and films, from B, and receive technology transfer, and to manufacture and supply the instant products that meet certain quality standards.

C. From February 21, 2014 to October 7, 2014, the Plaintiff established and started the manufacturing factory of the instant product, and delivered the instant semi-finished product 1,094,481 disease to B in the semi-finished product status from February 21, 2014 to October 7, 2014, and B notified the Plaintiff that it would dispose of the product due to defect in the product, after conducting a quality inspection on the delivered product, and did not pay the price for the product.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 5 and 8, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the plaintiff's assertion is that the defendant notified the plaintiff that all of the defects in the product of this case dispatched by the plaintiff were disposed of, and exported to the United States. The defendant, through C, a corporation established under the name of the defendant, set excessive prices and made unjust enrichment in the course of supplying equipment and raw materials necessary for the production of the product of this case to the plaintiff, and deceiving the plaintiff by the method of integrating the transfer of technology to the plaintiff in an inaccurate and unfaithful manner, and thereby causing damage to the plaintiff to incur totaling KRW 13,073,35,230, including the cost of factory establishment and operation and the cost of manufacturing the product of this case. Thus, the defendant shall compensate

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