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(영문) 인천지방법원부천지원 2016.12.15 2015가단21341

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 18, 2013, the Plaintiff, as the Defendant’s proposal, intended to purchase 4.5 tons of truck to transport agricultural products in Jeju-do.

On March 6, 2013, the Defendant, a representative director, entered into a contract that entrusts the Plaintiff with the manufacture of 4 vehicles with 56,885,000 won, including the vehicles that the Plaintiff would purchase, of 4 vehicles with 56,885,00 won per vehicle, to E, who carries out the special strawing work in the name of “D”.

B. On March 22, 2013, the Plaintiff purchased one vehicle for 4.5 tons of freight (vehicle No. F; hereinafter “instant vehicle”) from another selling company for other treatment purpose, and borrowed KRW 130,000,000 from the Hyman Capital Co., Ltd. with the premium for the said vehicle, etc., and transferred KRW 67,30,000 out of the said loan to the account of another selling company for other treatment purpose, and then remitted KRW 62,625,00 to the NAC.

C. At KRW 62,625,00, E paid from the Plaintiff, ① 33,00,000 special funeral expenses, ② 11,00,000,000, ③ the expenses for freezing and freezing temperature, ④ the expenses for the installation of freezing and freezing temperature records, ④ supplementary fuel tank 1,050,000, and ⑤ the remainder of KRW 5,098,000,000, deducted from KRW 92,000. < Amended by Act No. 11883, Apr. 26, 2013>

On the other hand, around March 25, 2013, KRW 16,133,00 was transferred from the NAC to the Defendant’s new bank account.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 9, 10, Eul evidence No. 3 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the plaintiff's assertion is that the defendant, in collusion with E, has the plaintiff pay 62,625,000 won for the special funeral expenses, in collusion with E, and has the plaintiff pay 62,625,00 won for the expenses. Since 16,13,00 won, excluding the expenses actually incurred in the special chapter, has been obtained by receiving the money from E, the defendant is liable to compensate the plaintiff for the damages equivalent to

(b).