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(영문) 서울중앙지방법원 2015.02.06 2012가합88599

매매대금 반환

Text

1. As to Defendant B and C’s respective Plaintiff KRW 375,730,00 and KRW 55,273,00 among them, Defendant B and C shall be from June 19, 2012, and KRW 57,482.

Reasons

1. Basic facts

A. 1) The Plaintiff is the Hong Kong Special Administrative Region in the People's Republic of China (hereinafter referred to as " Hong Kong").

(2) Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a corporation established under the laws of the Republic of Korea for the purpose of the development, manufacture, and sale of electronic components, and has its head office on the 6th floor of Seocho-gu Seoul Metropolitan Government E building.

3) Defendant B was a national of the Republic of Korea employee in charge of the Plaintiff’s purchase. 4) Defendant C operated a personal business entity F as a national of the Republic of Korea.

5) Defendant D is a national of the Republic of Korea company G (hereinafter “G”).

2) On the other hand, G is a representative director of the company established pursuant to the law of the Republic of Korea for the purpose of the development, manufacture, and sale of electronic components. Meanwhile, G is a corporation established pursuant to the law of the Republic of Korea for the purpose of the development, manufacture, and sale of electronic components, and has its head office H and 456, Sungnam-si. B. The Plaintiff’s written order prepared on June 15, 2012 as follows (Purcha O, A No. 3, hereinafter “instant order”).

The terms and conditions of payment have been drawn up. The buyer of telegraph transfer (T/T): the seller of telegraph transfer (Puras) Plaintiff (Purler-V Eleccals) seller: I Co., Ltd. (ACO., Ltd.: K facsimile: the amount of USD 1 MT2170AF-02 CSS 270,000,000 2 MT570F-02 CSS 200,000,700,000 remittance fee 30340,40,030,030 remittance fee 30,030,030,000 remittance fee (MTND) for parts number (MPN) brand (MPND).

C. On the same day ( June 15, 2012, 2012), the Plaintiff’s receipt of an estimate invoice by the Plaintiff is selling under the following conditions: (i) an estimate invoice of the content as indicated below (proforma, No. 4, and (ii) an estimate invoice of the Plaintiff: N, facsimile: N: (Per-V Eleccomics (HK) receipt: the Plaintiff’s sales under the following conditions. The terms of payment are as follows: the Plaintiff’s bank, the receiver, F, the account number number, and the number of parts of the P information order number (Part 56): the quantity of the fact-finding survey (Part 6).