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(영문) 인천지방법원 부천지원 2018.06.20 2017가합100009

손해배상청구

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of manufacturing, selling, and exporting and importing wireless communications, broadcasting, and application devices.

B. Defendant A is the representative director of the C Co., Ltd. (C Co., Ltd.; hereinafter “C”) located in New York State of the United States.

Defendant B is the spouse of Defendant A.

C. On March 21, 2008, the Plaintiff and C entered into a contract for the supply of goods to C (hereinafter “instant contract”).

The Plaintiff supplied goods to C from April 2008 to October 2010, and C paid only part of the goods price to the Plaintiff.

E. On August 13, 2010, the Plaintiff and C drafted the title “C Agreement” (hereinafter “instant agreement”).

The instant agreement contains a remittance plan, etc. from August 2010 to December 2010 for the unpaid amount of goods.

F. At the bottom of the instant agreement, the Defendant A stated “C Company A’s representative director,” and the Defendant A signed the “D’s English name” above.

[Basis] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, Gap evidence 4-1, 2, Gap evidence 5-1, 2, Gap evidence 6, Eul evidence 10, Eul evidence 10, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The primary claimant supplied C with goods equivalent to USD 4,635,096 in the U.S. currency (hereinafter omitted), and C paid USD 3,018,675 to the Plaintiff as the price for goods.

Therefore, C shall pay to the Plaintiff the amount of KRW 1,616,421 for the remainder of the goods ($ 4,635,096 - USD 3,018,675) at the time of the contract.

C is in the form of a legal entity, but in substance, the Defendants are individuals of the Defendants behind the legal entity, and thus, the Defendants are jointly and severally with C to the Plaintiff.