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(영문) 서울중앙지방법원 2016.06.09 2015가단5022963

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff asserted that the plaintiff entered into a contract with the defendant for the production and sale of spacers, and sought compensation for damages arising from the illegal acts that were embezzled by arbitrarily disposing of the spacers produced under the above contract or the above contract. The defendant is not the plaintiff but one of the representative directors of the plaintiff, and the plaintiff is not one of the plaintiff's representative directors, and the plaintiff is not one of the plaintiff's representative directors.

However, in a lawsuit for performance, a person asserts that he/she has a right to sue, so the defendant's defense is without merit.

2. The assertion and judgment

A. On September 1, 2014, the Plaintiff’s primary assertion and determination 1) concluded a contract with the Defendant that the Defendant would produce 80,000,000 won with this money by December 14, 2014, and then pay the Plaintiff the sales proceeds by December 14, 2014. The Plaintiff’s primary assertion and determination 1) paid KRW 40,000,000 to the Defendant on September 23, 2014; the Defendant did not sell 15,000,000, which was produced under the above contract and brought about 13,50,000 won to the Plaintiff’s office, and the Defendant did not perform its duty to compensate the Plaintiff for damages by 0,000,000 won as a whole, since there was no other evidence supporting that the Plaintiff was liable to compensate the Plaintiff for damages by 13,50,000 won as 0,000 won under the above contract.

B. Preliminary assertion and determination 1 Plaintiff’s conjunctive assertion.