beta
(영문) 수원지방법원 안산지원 2018.05.24 2016가합896

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the processing business, etc. of the distribution board using flexible soft plates (hereinafter “FPCB”). Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company engaged in the processing of soft plates, etc., and Defendant C is the representative director of Defendant B.

B. On December 30, 2015, the Plaintiff agreed to purchase more than one CO2 LAS DCR ( Model Name 605GTX-H) that the Plaintiff had not been operated at the time of the Defendant B, but did not calculate the purchase price for the said equipment, and the damage claimed by the Plaintiff through the Plaintiff appears to be four remaining four repair costs, excluding the above equipment.

【Form 2 of the Model Name 605GTX-M-H(CO2), Model Name 605GTX-S(CO2), hereinafter “instant equipment” was prepared to purchase the facility cost of KRW 150 million and installation cost of KRW 30 million (main contents are as indicated in the attached Form).

(hereinafter “instant contract”). C.

The Plaintiff paid to Defendant B KRW 15 million on December 30, 2015, KRW 165 million on January 15, 2016, and KRW 165 million on February 25, 2016.

Defendant B, around February 25, 2016, installed four of the instant equipment in the Plaintiff factory through CATCH MCHINERY CO. (hereinafter “Moman Capital, etc.”)

E. On July 12, 2016, the Plaintiff submitted a written complaint to the Ansan-gu Police Station to the effect that Defendant C, with respect to the money paid as above (c), deceiving the Plaintiff to acquire the said money under the pretext of borrowing and selling money.

F. On April 6, 2017, the public prosecutor in charge shall acquire the purchase price in the name of the purchase price determined by the public prosecutor in charge of the part that acquired by deception as the purchase price in the Plaintiff’s complaint case.