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(영문) 서울중앙지방법원 2020.10.14 2019가단5176653

손해배상(기)

Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a stock company with trade wholesale and retail business, fishery products wholesale and retail business, etc. The Defendant B is an internal director of the F Co., Ltd. F with the business purpose of processing agricultural, livestock, fishery products, wholesale and retail business, etc. (hereinafter “F”), and the Defendant C is a director of F.

B. On October 12, 2018, the Plaintiff entered into a fishery products supply contract with F that the Plaintiff would pay the price to the Plaintiff at the end of the following month when the Plaintiff supplied F fishery products (hereinafter “instant supply contract”).

The instant supply contract does not directly supply the Plaintiff’s fishery products to F, but is a supply contract in which the Plaintiff pays the goods to F on behalf of the customer who supplies the fishery products at F’s request and then supplies them to other parties. The F is a supply contract in which the Plaintiff pays the Plaintiff by adding a certain rate of return to the transaction amount at the end of the following month.

C. On April 17, 2019, the Plaintiff notified the Defendant of the content certification that “The Defendant may be subject to criminal punishment and administrative disposition and be suspended from business, and there are other obligations. The Defendant is urged to vindicate that the Defendant holds sufficient funds, and the instant supply contract is terminated if the Defendant fails to perform this within the given period.”

F Around June 10, 2019, around June 10, 2019, F informed the reporters affiliated with Defendant D Co., Ltd. (hereinafter “Defendant D”) of the existence of unfair or unlawful matters related to the instant supply contract.

E. Around June 12, 2019, Defendant E, the reporter affiliated with Defendant D, asked the Plaintiff about coverage as to “whether the Plaintiff has made a large amount of false processing with F, and not made the Plaintiff’s sales and net income.”

As to this, the Plaintiff on June 14, 2019.