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(영문) 대구고등법원 2016.04.12 2015나20583
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's primary claim against the defendants expanded in the trial.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that engages in textile export business and manufacturing business, and Defendant Samsung C&C is a U.S. subsidiary of Defendant Samsung C&T, and is engaged in manufacturing business, such as clothing, in the U.S.

B. From 2003 to 2012, the Plaintiff entered into a textile product supply contract with Defendant Samsung C&N and entered into a transaction (hereinafter “the instant transaction”). The transaction amount is USD 1,267,85 (hereinafter “the instant currency unit”) in 2007, USD 5,445,203.70 in 209, USD 9,746,350.51 in 2009, USD 13,15,594.20 in 22,785, 160.82 in 2012, USD 24,57,344.70 in 203.70 in 209, USD 9,746,350.51 in 209, USD 13,15,594.20 in 20, USD 22,785, 160.82 in 2012.

C. Defendant Samsung C&T notified the Plaintiff that it would not conclude a textile product supply contract with the Plaintiff from August 2012 and around November 2013 of the same year, and it did not conclude the contract with the Plaintiff since 2013.

The instant transaction is conducted: ① in order to identify whether it is possible to supply a fiber with a sample that has been developed by a DNA (in order to identify whether it is possible to supply a sample that has been developed by a DNA), ② in the stage of submission of sampling (the stage of submission by the plaintiff to the defendant Samsung C&C) (the stage of submission of a sample with the degree of 500 square meters that the plaintiff realizing the pertinent design)); ③ in the stage of approval of sampling (the stage of submission of a sample with the degree of 500 square meters that the plaintiff submitted to the defendant Samsung C&C) (the stage of submission of the plaintiff's sample with the plaintiff's submission of the plaintiff) in which the sample was produced again, or if it was not realized after checking whether the sample was fully implemented, the plaintiff is required to negotiate with other textile suppliers, and the plaintiff is notified of the approval of the sample if it was implemented, ④ in the stage of purchase and the purchaser's purchase price after confirming the purchaser's purchaser's purchase price.

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