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(영문) 창원지방법원 통영지원 2018.10.11 2016가합11154

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B’s KRW 10,074,525,362 as well as 5% per annum from November 1, 2015 to September 6, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff is a stock company engaged in the construction, remodeling, repair, dismantling, and sales of a vessel, and L Co., Ltd. (hereinafter “L”).

) The Plaintiff was a stock company engaged in building management service business, various facilities management service business, landscaping management business, and multi-family housing management business, and was excluded from the Plaintiff’s affiliated company on November 10, 2017. The Plaintiff entrusted L with the supply of goods, such as accommodation, human resources, vehicles, and goods necessary for the owner of a ship, etc. (if the owner of a ship, etc. stays in order to engage in a transaction, the Plaintiff received fees from the Plaintiff while performing the entrusted duties.

Entrusted duties related to pre-delivery between the Plaintiff and L are as follows: ① the Plaintiff requests the supply of goods to L upon request from the pre-paid goods, etc.; ② the supply of goods with the supplier in physical color; ③ the supplier supplied goods to each pre-paid goods, etc. via L, and verified by the Plaintiff; ③ the supplier prepared and submitted a transaction statement to L; ④ the Plaintiff claims for the price of the goods containing the commission attached to the transaction statement; ④ the Plaintiff paid the price of the goods including the commission to L; ⑤ the L fee was collected by the supplier and the price of the goods was paid to the supplier.

Entrusted duties related to the provision of accommodation between the Plaintiff and L are: (i) to collect information on accommodation when the Plaintiff receives a request for the provision of accommodation from a vessel owner, etc.; (ii) to collect information by coloring appropriate accommodation; (iii) to confirm the accommodation to be leased to the Plaintiff by consulting with the lessor; and (iv) to request the Plaintiff to provide a fixed lease of accommodation when the accommodation to be occupied is confirmed; and (iv) to the Plaintiff after entering into the lease contract with the lessor, including the fee.