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(영문) 창원지방법원진주지원 2017.11.09 2015가단37364

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 41,592,070 as well as 15% per annum from January 21, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. According to C’s proposal, the Plaintiff and C invested the sales facility costs, etc. in the E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

B. (1) H Co., Ltd. operating H Co., Ltd. (hereinafter “H Co., Ltd.”) operated a store in the name of “G” from December 8, 2012 to November 8, 2012 (hereinafter “each of the instant stores”). On December 8, 2012, H Co., Ltd. entered into a contract for the operation of each of the clothing-free shop (K) of the I St&D Co., Ltd. (hereinafter “instant stores”). From December 8, 2012 to December 31, 2015, H Co., Ltd entered into a contract for the operation of each of the clothing-free shop (hereinafter “instant stores”).

C. L on December 12, 2012, L on the supply of goods entered into a product supply contract with C representing the Plaintiff.

L, upon C’s request, supplied each of the instant stores with the goods (hereinafter “instant goods”) equivalent to KRW 51,964,69,690, and KRW 2,680,500 on December 22, 2012, KRW 9,680, KRW 160 on December 22, 2012, KRW 74,70 on December 26, 2012, and KRW 9,680, KRW 160 on December 26, 2012.

L, such as a claim for the price of goods against L, filed a lawsuit against L, claiming the price of the goods of this case (Seoul District Court 2013da204153).

On July 24, 2014, the court rendered a judgment that "the plaintiff shall pay L with the price for the goods" of KRW 51,964,690 as the price for the goods and damages for delay."

Although the plaintiff appealed against this, on April 9, 2015, the judgment dismissing the appeal became final and conclusive.

The plaintiff is above L on April 2015.