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(영문) 수원지방법원성남지원 2019.09.24 2018가합406916

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 Defendant is a corporation C (hereinafter “C”) from 2010 to 2014.

(B) The printing circuit board (PCB) was supplied by the printing circuit board (PCB): D, as a vice head, was in charge of ordering the printing circuit manufacturer as a vice head at the Defendant’s purchasing team. (2) C is a company for the purpose of developing and manufacturing the printing circuit board, and E was substantially operated.

B. On October 8, 2013, the Plaintiff entered into an import agency agreement with C on an import agency agreement with C, and entered into a contract with C to set the maximum debt amount as KRW 700,000,000 with respect to the claim for the payment of goods from October 1, 2013 to September 1, 2014 against C. (2) On October 31, 2013, the Plaintiff entered into a contract with C to set the maximum debt amount as KRW 700,000,000 with respect to the claim for the payment of goods from the goods as collateral, and completed the registration of the establishment of the security interest for the claim against C and the Plaintiff as the secured party.

C. On October 8, 2013, the Plaintiff issued a letter of credit of USD 561,180 after ordering the above import agency goods. On November 27, 2013, the Plaintiff received KRW 195,656,812 ($ 183,714) from C as the L/C price, but the remaining USD 377,466 was not paid. 2) Accordingly, the Plaintiff paid KRW 402,246,549 ($ 37,466) with the L/C price on December 11, 2013, and the Plaintiff received KRW 100,000,000 from C on December 31, 2013, but did not receive the remaining KRW 302,246,549.

D A criminal judgment 1D on April 25, 2014 was prosecuted on the charge of “E assisted the act of deceiving H et al. to acquire KRW 00 million by deceiving the Defendant as if the E had a claim for the purchase price of goods amounting to KRW 00 million.” On October 16, 2015, the Defendant was not guilty.