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(영문) 서울중앙지방법원 2015.03.27 2014가합584367

손해배상(기)

Text

1. Defendant C: (a) KRW 7,003,791; and (b) KRW 4,000,000 to Plaintiff A; and (c) each of them on November 21, 2013.

Reasons

1. Basic facts

A. The relationship between the parties 1) Plaintiff A (hereinafter “Plaintiff A”)

) The Plaintiff B is a company mainly engaged in trade, such as textile and miscellaneous, and the Plaintiff B is the representative director of the Plaintiff A. The Plaintiff B established E, a local subsidiary that manufactures, produces, or processes clothing in the Philippines with the Plaintiff’s representative director, and operated the business in such a way as to process the clothes in the E plant located in the Philippines, process them, and send them to the requesting company or its designated business partners (Evidence A, 3, 20) (Evidence A, 20). The Defendant C is a person who operates the business of manufacturing and trading clothes in the trade name of “F,” and the Defendant D is the husband of the Defendant C.

(A) Evidence 2. (b)

From June 5, 2012 to E, the Defendant C’s claim and provisional seizure of real estate 1) F had the raw and subsidiary materials of clothing sent to E from June 5, 2012, the F had the processed clothing sent to Japan after the completion of the process in E. However, even around December of the same year, requested E to process the raw and subsidiary materials by sending them (hereinafter “instant contract”).

(2) Upon the above request, E released goods pursuant to the order from February 2013 to April 2013, 2013, and thereafter requested F to be a public official for the implementation of the instant contract.

(A) However, Defendant C, the representative of F, claimed that the above goods had been claimed for C from G company, the Japanese customer, for C’s claim amounting to KRW 789,786,000 for damages due to the failure to perform the instant contract, around April 16, 2013. The claim amounting to KRW 789,786,00 for the damages claim amounting to KRW 789,780 due to the failure to perform the instant contract, and filed an application for provisional attachment (Seoul Central District Court 2013Kadan1622), and the provisional attachment (Seoul Central District Court 2013Kadan1622) against the claim against the Plaintiff’s claim against the Korea Exchange Bank, the Korean National Bank, the Korea Bank, and the Korea Bank’s deposit claims, and the real estate provisional attachment (Seoul Central District Court 2013Kadan1623) against H and ground buildings in Jung-gu Seoul. < Amended by Act No. 11873, Apr. 24, 2013>