beta
(영문) 수원지방법원성남지원 2015.08.19 2014가합200295

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff Company is a legal entity engaged in the clothing manufacturing business, trade business, etc., and Defendant B was engaged in the brokerage trade business between China, Russia and Korea.

B. D, the representative director of the Plaintiff Company, was interested in the business of importing and distributing mineral and coal resources and marine products in Korea, and Defendant B was met with the introduction of E, a company employee of the Plaintiff, around the beginning of 2012. Since February 2012 to September 27, 2012, Defendant B was engaged in the business of importing and selling marine products after having opened a credit in the Plaintiff Company from February 2012 to September 2012.

C. From May 18, 2012 to June 28, 2012, Defendant B imported an import truster F (Defendant C) and an import agent as the Plaintiff Company, Defendant B imported 10.4 tons of tidal spawn, 12.5 tons of North Korean fishing obligations, and 11 ton of bruc spawn.

Although Defendant B sold the above-mentioned and imported birds, it did not deposit the price into the Plaintiff Company that opened the L/C, and even if the payment was returned to the Plaintiff Company.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 1, 2, 7, 12, Eul evidence Nos. 1, 4, 5, 6 (including the number of branches), witness G, and H's testimony, and the purport of the whole pleadings

2. The parties' assertion

A. On February 2012, Defendant B and the Plaintiff Company: (a) opened a letter of credit for import of fishery products at the request of Defendant B; and (b) imported and sold fishery products in China, etc. using it; (c) Defendant B agreed to bear both the price of the letter of credit, the cost of the issuance of the letter of credit, and all the expenses incurred in the import; (d) in the process of the import process, the Plaintiff Company entered into an import agency agreement with the importer selected by Defendant B as the import agent for the Plaintiff Company; and (e) all the expenses, such as the cost of the letter of credit, are incurred.