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(영문) 대전지방법원서산지원 2015.11.12 2014가합1484

청구이의

Text

1. The judgment of the Daejeon High Court on November 17, 2010 against the Defendant’s Plaintiff in the damages claim case (hereinafter “the damages claim”).

Reasons

1. Basic facts

A. On September 10, 2008, the Defendant entered into a sales contract between the Plaintiff and the Plaintiff on September 10, 2008, and between October 1, 2008 and December 31, 2008, with the Plaintiff to be supplied with the entire amount of the village collected by the Plaintiff. 2) The Plaintiff’s fraternity members engaged in the collection of the village village for five days out of the period of the said contract and supplied it to the Plaintiff.

3) The Defendant filed a lawsuit for damages under the above sales contract, claiming that the Plaintiff did not, without justifiable grounds, collect garris and incurred a loss equivalent to sales gains that could have been accrued from selling garris from the Plaintiff’s purchase and sale of garris, for the term of the contract under the above sales contract. On February 11, 2010, the court dismissed the Defendant’s claim on the grounds that the Plaintiff’s fraternity members collected garris over the entire operating period and supplied garris to the Defendant. However, the Daejeon High Court (2010Na259) appealed appealed on November 17, 2010, on the ground that the Defendant did not perform its duty to collect garris and supply garris during the normal operating period, and that the Defendant paid 30,2200 million won to the Defendant for 30,000,000 won per annum from the next day to the date of the payment of 10,000 won to the date of 10,000 won per annum.

“The judgment was pronounced.”

5) Since then, the Plaintiff appealed, but the Supreme Court (2010Da103697) rendered a judgment dismissing the appeal on January 12, 2012, the said judgment (hereinafter “the final judgment”) is the final judgment of this case.

on the same day.

B. C, from April 2003 to March 26, 2014, served as the Plaintiff’s leader, transferred to the Defendant, under its name, the amount of KRW 150 million on May 31, 2012, and KRW 100 million on June 25, 2013, respectively, to the Defendant. < Amended by Act No. 11883, Jun. 25, 2013; Act No. 11618, Mar. 26, 2013>