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(영문) 서울고등법원 2016.04.08 2015나2023329
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Summary of the cause of claim;

A. On June 18, 2014, the Seoul Central District Court 2014Gahap513068 Claims for Reimbursement filed by the Plaintiff against C, which is the need for the preservation of the preserved claim and the preservation, established a mediation that “C shall pay the Plaintiff KRW 300,000,000 by June 30, 2015, and if delay, it shall be paid to the Plaintiff at a rate of 10% per annum from the next day to the date of complete payment.” As such, the Plaintiff has the above adjustment claim against C.

In addition, C has no other property in Korea other than the claim for the return of the price of goods or the claim for damage against the defendant, and since it has not actively exercised the right against the defendant, the plaintiff shall exercise the following claims on behalf of C in order to preserve the claim

B. First, in order to import and sell the Canadian clothes and bags from D, a U.S. corporation, in Korea, C has agreed with the Defendant to start parallel import business. From Jan. 2013 to Oct. 2013, 2013, C transferred USD 186,140 ($205,63,160) and KRW 174,49,160 in Korean Won from Jan. 1, 2013, and KRW 380,082,160 in Korean Won, but C did not supply the goods. Accordingly, C notified the Defendant of the cancellation of the contract on Nov. 201, 2013, the Defendant is obligated to return KRW 380,082,160 in Korea due to the rescission of the contract to C, and even if the Defendant did not have the obligation to obtain the delivery of the goods from C, 380,080,000 won in terms of fraudulent act, 380,000 won in Korea.

2. Determination

(a) the number with Gap evidence 1 to 5, 8 to 13 shall include each number; hereinafter the same shall apply;

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