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(영문) 인천지방법원 2018.10.18 2018나50010
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the part concerning "the establishment of the defendant's liability for damages" of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the following dismissal. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In light of the following facts and circumstances, it is recognized that the Defendant granted the Plaintiff a legitimate trust that a contract for the supply of metal circuit board for the chief secretary of ELDD Badi (hereinafter “products”) would be concluded, or that the Plaintiff would incur damage equivalent to the cost of the purchase of the equipment by refusing to conclude a supply contract without reasonable grounds, even if the Defendant granted the Plaintiff a reasonable trust that a contract for the supply of the metal circuit board for the chief secretary of ELD Badi (hereinafter “products”) would be concluded, and thus, caused damage to the Plaintiff by refusing to conclude a supply contract without reasonable grounds.

Therefore, the defendant is liable to compensate the plaintiff for damages caused by the improper termination of the negotiation.

As of November 11, 2015, "the business cooperation contract between the plaintiff and the defendant" is "the business cooperation contract of this case".

The instant business cooperation agreement was concluded. The purpose of this case was to set up a continuous mutual cooperative relationship and set up both rights and obligations in order to provide the Plaintiff with technology related to the know-how necessary for manufacturing the product, and based on this, the Plaintiff manufactures it, and based on this, to set up a continuous mutual cooperative relationship with the chief of LADD and LADDDrr. Therefore, the instant business cooperation agreement is valid for a period of three years.

B. In addition, according to Article 2 of the instant Business Cooperation Agreement, the Plaintiff shall proceed with the manufacture and assembly of the product and present a reasonable price to the Defendant. The specific order quantity or supply price of the product shall be determined by the follow-up supply contract.

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