손해배상(기)
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning for this case by the court of first instance is as stated in the reasoning for the judgment of the court of first instance, except for the modification of the part “3. judgment” among the reasons for the judgment of the court of first instance as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.
A person shall be appointed.
3. Determination: (a) since the purchase of the instant goods by normal business activities was made, if the price was not paid in advance, it was a situation in which the Industrial Bank of Korea would obtain a loan for financing business purchases from the Industrial Bank of Korea for the approval of the purchase price; (b) Vietnam intended to pay the purchase price in advance through a loan for financing business purchases; (c) the Defendants’ refusal to pay the price in advance at a different place; and (d) the amount of the price paid in advance is identical to the amount of the instant loan and the amount of the instant loan. In light of the foregoing, there is no difference between Berne and the Industrial Bank of Korea’s act of paying the price in advance to the Defendant, and then appropriating the proceeds for the proceeds of sales after receiving the loan in advance from the Defendant, with the case of paying the proceeds of sales through a loan for financing business purchases.
Therefore, even if the Defendants had already received the price for the instant goods, they erred by preparing and transmitting a written request for the collection of sale proceeds to the Industrial Bank of Korea as if they had not received the price, it is difficult to deem that the Industrial Bank of Korea or the Plaintiff could not recover the loan, and otherwise, there is no evidence to acknowledge it even if it was based on the
The Defendants’ tort liability cannot be deemed as established.
A person shall be appointed.
2. The plaintiff's claim for the conclusion is dismissed in entirety on the grounds that there are no grounds.
The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed.