[thailandstartup]

The two companies can write whatever they like in the contract between themselves. You seem to agree that the contract should be held to some standard of reasonableness where it is used to establish damages caused by some third party. You think 200K is reasonable. I do not.

The position you're advocating is that a contract between two private companies should be used to calculate damages for a criminal act. That's a very bad idea - it makes those companies legislators.

[tptacek]

Steal a loaf of bread. Is the shopkeeper you stole it from, who says the loaf costs $2.50, a "legislator"?

[thailandstartup]

If the court considers the value of the item and agrees with the valuation of the shopkeeper then no.

If the shopkeeper says the loaf of bread was worth $200K and the the court doesn't question the amount because the shopkeeper has been billed $200K for replacement of said loaf according to a contract with the bakery, the shopkeeper and the bakery have legislated the punishment for the crime.