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(영문) 의정부지방법원 고양지원 2018.08.24 2017가합73269

손해배상(기)

Text

1. The Defendants jointly committed against the Plaintiff KRW 9,344,00,000 and Plaintiff B from May 20, 2017 to May 10, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Plaintiff’s well-known Jincheon D.

Defendant B is an operator of “Franc,” who exhibits and trades duct pains, etc. from Gyeyang-gu, Youngyang-gu, Yangyang-si, and Defendant C is a person who is an operator of “stock company G” that manufactures and sells medical devices, etc., and is a person who, as a result of the purchase and sale of Defendant B and curios, wishes to operate a museum at ancient cities along with profits.

B. Around December 2014, the Plaintiff introduced Defendant C from a branch of China, and was introduced through Defendant C in Busan around January 2015.

At the time, the plaintiff purchased Chinese curios and had a plan to operate the museum within the temple.

On January 2015, the Defendants, who became aware of this, displayed the Plaintiff’s Dogs, including H, which the Defendants possessed by the Defendants, and Defendant B, stated that “This Dogs themselves, as the Dogs themselves produced in the Chinese sent, Won, name, and Cheongna age, would then bring to China if they were to purchase them, and then would bring to China a profit of 2 to 3 times. It later, and Defendant C, who was next to it, recommended the Plaintiff to purchase curios, provided that “The Dogs Dogs Dogs, which are larger than the Dogs Dog’s Dogs Dogs, will bring to China.”

Accordingly, the Plaintiff and the Defendants entered into a sales contract (hereinafter “instant sales contract”) with respect to each five thousand five hundred and seventy-five hundred points of curios indicated in the attached list (hereinafter “the instant curios”). From January 6, 2015 to September 8, 2015, the Plaintiff wired total amount of KRW 9.344 billion, as indicated in the “payment Date and Payment Date” in the attached list, to the account in the Defendants’ name.

C. After receiving the instant curios from the Defendants, the Plaintiff requested the Korea High Art Association, etc. to appraise the said curios, and the said request was made.