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(영문) 서울고등법원 2015.09.11 2015나3695
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings, either in Gap evidence 1 and evidence 2:

The Plaintiff is a company engaged in the business of manufacturing machinery parts and automobile parts, etc., and the Defendant is a business operator manufacturing automobile parts under the trade name of “B.” If the Plaintiff and the Defendant were supplied by the Plaintiff as raw materials of automobile parts from April 2008 to December 201, and processed them without compensation, and then supplied them again to the Plaintiff after manufacturing the automobile parts, the Plaintiff entered into an optional processing contract in the form of “free payment” (hereinafter “instant contract”).

B. At the time of the instant contract, the Defendant agreed to return the remaining raw materials that were not used in the manufacture of automobile parts among the raw materials supplied by the Plaintiff to the Plaintiff.

C. Meanwhile, around December 2011, the Plaintiff supplied the Defendant with the raw materials supplied by the Plaintiff at the Defendant’s factory.

2. The term "reprocessed goods, such as entries in the list of re-processed goods and inferior goods" means goods currently in the manufacturing process to make a product or semi-finished goods;

The fact that there are 11,603 others, 5,547 others.

2. Judgment on the ground of the Plaintiff’s claim

A. Although the Plaintiff’s summary of the Plaintiff’s assertion was supplied with raw materials equivalent to KRW 10,132,489,688 from April 2008 to December 201, the Defendant did not return to the Plaintiff the raw materials equivalent to KRW 234,228,244 (i.e., supply price of raw materials 10,132,489,688 - supply price of the automobile parts - supply price of KRW 9,898,261,444).

The plaintiff in the original complaint shall be attached to the defendant

3.The same quantity of raw materials as entries in the list of excessive or excessive raw materials.

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