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(영문) 광주지방법원순천지원 2015.06.26 2014가단75848

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a construction machinery brokerage office, and the Plaintiff delegated C with the authority over the purchase of the last term.

B. At the time, C, which had experienced a living environment at the time, proposed that D and E purchased the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share

C. On April 7, 2011, C, D, and E decided to purchase G 70 tons of G 70 tons (the registration number of May 3, 201 was changed to H; hereinafter “instant flag”) owned by F on behalf of the Plaintiff at KRW 317 million, but the Plaintiff made a false statement that the purchase price was KRW 357 million.

The Plaintiff, on April 7, 201, remitted each of the remaining KRW 78,649,645 on May 11, 201, to D’s account in the name of D, KRW 55 million, and KRW 78,649,645.

(S) KRW 22,050,355 was remitted directly to F on May 11, 201). C, D, and E, on April 8, 2011, only KRW 31 million out of KRW 5,00,000,000,000, and KRW 63,949,645 out of KRW 78,649,645 on May 11, 201, were remitted to F, and the remaining KRW 38,70,00 was returned to F.

C, D, and E were convicted of occupational breach of trust in relation to the cases of purchasing the instant climate from F (the Busan District Court's Branch Branch 2013Sang2873), and the said judgment became final and conclusive later.

E. Meanwhile, on November 21, 201, the Plaintiff delegated C with the authority to sell the term of this case, and C concluded a sales contract with the Defendant to sell KRW 275 million with respect to the term of this case (hereinafter “instant sales contract”).

The provisions relating to the instant sales contract relating to the instant case are as follows.

Article 2 (Sales Price and Terms of Payment): 275 million won: The remainder of 18 million won: the scheduled date of delivery: 257 million won: the down payment on December 5, 201, Article 8 (Matters of Special Agreement) has been entered.

F. Meanwhile, the Defendant on November 17, 201,c.