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(영문) 수원지방법원 2017.04.07 2016나53388

구상금

Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. The following facts are not in dispute between the parties, or can be acknowledged in full view of the entries in Gap evidence Nos. 1 to 6, and 8 and the whole purport of the pleadings:

The U.S. corporation entered into a contract with Hyundai Steel Co., Ltd. (hereinafter referred to as "SA") to supply scoops of 76,062,981 tons from March 3, 2009 to March 2010.

B. AI and mA entrusted the transportation of compressed iron among steel scrap, to Hyundai Glosocs Co., Ltd., and Hyundai Glocs, to the Loscam Slocam Co., Ltd. and the Moscam Special Development Co., Ltd., and the Roscam Co., Ltd., the Roscam Co., Ltd., and the Plaintiff entrusted the transportation to the Defendant, a truck engineer, respectively.

C. AI and mA entrusted the transportation of mixed scrap metal among steel scrap, to Roymex Co., Ltd., and Isymex, to Morox Co., Ltd., to MoroM Co., Ltd., MoroM, to the Plaintiff, and the Plaintiff entrusted the transportation to the Defendant.

B, from July 2009 to March 15, 2010, Lee Jin-Tex cut approximately KRW 5,000 tons of steel scrap, which had been transported by trucking articles, into an intermediate loading and unloading site, instead of modern steel.

E. Drivers, including the Defendant, who participated in the crime B, were charged with larceny, and among them, the Defendant was not prosecuted for the suspension of indictment on the ground that the number of participation in July 23, 2010 is less than 10 times and the amount of profit is less than 10 times.

F. On September 9, 2013, the Plaintiff paid KRW 399,830,695 as damages to Hyundai Glosovis and Loscers, and the Defendant paid damages to the Plaintiff in installments in KRW 3,046,405 (hereinafter “instant payment note”).