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(영문) 인천지방법원 2015.12.16 2014가단43365

구매대금반환

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a fishery products exporter. Defendant B is the representative of “C” engaged in the fishery products processing and trade wholesale business (hereinafter “instant company”), and Defendant D is the person who actually operates the instant company.

B. The Plaintiff, through the instant company, exported fishery products, such as mody and sye (hereinafter “instant fishery products”), to China. The Plaintiff, with the purchase price for the instant fishery products, remitted KRW 10,00,000 in the account or cash in the name of the Defendant B or in cash on December 18, 2013, KRW 6,390,000 on December 31, 2013, KRW 11,716,00 on January 2, 2014, KRW 8,975,50 on January 13, 2014, KRW 4,847,00 on January 14, 2014, KRW 30,000 on January 3, 19, 2014, KRW 50,000 on the same day or paid the purchase price for the instant fishery products.

C. Defendant D purchased the fishery products with the purchase price for the said fishery products received from the Plaintiff and exported the instant fishery products to China on five occasions, including January 2, 2014; January 13; the same month; the same day; 19; the same month; the 20th day of the same month; and the 23th day of the same month.

The Plaintiff sold fishery products exported to China through the instant company through delivery from China.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, and 9 (if there are virtual numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion becomes aware of the instant company, which is a permitting company that is the Plaintiff’s permitted company that can export fishery products to China. When the Plaintiff and the Defendants paid the purchase price of fishery products to the instant company, the Defendants purchased the instant fishery products and agreed to sell the fishery products to China by designating DALIN FOTRTN PATN PATNINS INTRAL TTRAL TERG company as the owner of the instant fishery products in China (hereinafter “instant contract”). The Plaintiff sold the instant fishery products in China and distributed the proceeds therefrom (hereinafter “instant contract”).

Accordingly, the Plaintiff from December 2013 to January 2014.