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(영문) 울산지방법원 2017.08.23 2017가단53523

손해배상(기)

Text

1. Defendant B shall pay to the Plaintiff KRW 3,262,00 and 15% per annum with respect thereto from March 23, 2017 to the date of full payment.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. The Plaintiff asserted that Defendant C had a duty to pay the claim amount as stated in the claim amount as compensation or return of unjust enrichment for non-performance of material supply contract jointly and severally with Defendant B, since Defendant C was engaged in a steel product sales business as stated in the attached form of claim with Defendant B.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that Defendant C had engaged in steel materials sales business as Defendant B and partnership business, and there is no other evidence to acknowledge this otherwise.

Therefore, we cannot accept the Plaintiff’s assertion on the premise that Defendant C was in partnership with Defendant C.

3. The plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit.