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(영문) 서울고등법원 2019.04.11 2017나2072578

손해배상(기)

Text

1. The part against Defendant C and D of the first instance judgment against the Plaintiffs, which orders payment below.

Reasons

Basic Facts

The status of the party A refers to anthrax who manufactures an incomplete or heat decomposition of materials, including carbon, such as carbble oil or natural gas.

It is mainly used as a strengthening system for automobile typists and other rubber products.

The degree of classification is divided into several classes, but there is no practical benefit to distinguish the class in this case, and it is called a "carb" without distinction;

A business entity that manufactures, processes, or sells various rubber products, such as natural rubber imported from natural rubber, etc., and manufactures, processes, and sells raw materials, such as Plaintiff B, Kabcck, etc., and the actual operator of the Plaintiffs is F.

Defendant C holds office as the managing director (representative director on the register) of Plaintiff A from April 18, 2012 to December 12, 2015, and was delegated by the Plaintiffs, and was in overall control of the Plaintiffs’ overseas raw materials import business.

Defendant D is a person operating an export-import broker of chemical products called “G” corporation (hereinafter referred to as “G”).

Defendant E is the wife of Defendant C, who is registered as the representative of an individual business entity of “H”.

From December 20, 2013 to November 10, 2015 (attached Form 1-1) (attached Form 2-2), the importing Plaintiffs, such as the Kabcccck, imported Kabcks and natural rubber, etc. from China (hereinafter referred to as “K”), and upon each transaction, G entered into a sales contract for raw materials with K, etc. on behalf of the Plaintiffs.

The Plaintiffs remitted the price set forth in the PPace Notice sent by K, etc. to the accounts of K, etc. from abroad, and K, etc. paid a brokerage commission to G whenever the transaction is terminated.

Defendant C’s breach of trust acceptance of the instant transaction, which read, prior to the instant transaction, Defendant C’s “conciling to arrange the Plaintiffs with raw materials, such as Kabs, sold by K” from Defendant D.