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(영문) 대구지방법원김천지원 2016.06.16 2014가단11020
손해배상(기)
Text

1. The defendant shall pay 20 million won to the plaintiff and 6% per annum from November 11, 2014 to June 16, 2016, and the next day.

Reasons

1. Facts of recognition;

A. On March 2014, the Plaintiff received an order from China C Co., Ltd. to set up a total of 550 copies from the Defendant, and contracted to the Defendant for the production of Chapter 550 copies including surtax 72 million won.

At the time, the defendant made sampling with C’s drawing from the plaintiff and completed C’s sampling test. Among them, slin part was directly designed by the defendant with the plaintiff’s approval.

B. On August 10, 2014, C demanded on August 10, 2014, the Plaintiff to change and replace the slin design, and supply the slin slin slin slin slin slin slin slin slin slin slin slin slin slin slin slin s

When the plaintiff demanded measures against the defendant on August 12, 2014, the defendant, on August 12, 2014, held that the defendant would bear the new slin 36,120 replacement costs of 18,060 won.

C. On August 12, 2014, C demanded the Plaintiff and the Defendant to supply 100 alternative capitals on the ground of an emergency preparation for defective daily conditions in addition to the slin replacement. On August 13, 2014, the Defendant: (a) on August 13, 2014, the Plaintiff was not liable for the replacement of the entire part of slin with the Plaintiff; (b) the Plaintiff could not be held liable for the part of 100 alternative capitals; and (c) the Defendant was able to reduce the volume to 60 copies by compromise with C and reduce the loss if the Plaintiff would take part in a lawsuit; and (d) the Defendant was able to additionally make the 60 additional production cycle.

The Plaintiff requested the Defendant to forward to the Defendant the entire slin replacement of the entire slin and glarg 60 copies after the test for the slin, the design of which was modified on September 11, 2014, was completed. After the application of the improved slin as of September 12, 2014, the Defendant need not make an urgent alternative slin, and the application of the improved slin during the period required for the production of the said slin will be completed.

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