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(영문) 서울동부지방법원 2019.03.20 2018나23836
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff related to the parties is a company that manufactures and installs a special device, such as a container for transportation, strawer, etc. (hereinafter “special device”) on freight trucks, and the Defendant is an operator of the strong agency that sells freight cars, etc. of C Co., Ltd. (hereinafter “C”).

B. D around August 2012, 2012, D operated a transportation company under the trade name of “U”, and F consulted with D to enter and operate a cargo vehicle after purchasing the cargo vehicle. 2) D received the Defendant’s employee T through J around that time, and C knew D, F, and J of F’s model name, loanable amount, etc.

After that, the sales contract was prepared between F and C on August 2012, and the sales contract was entered into between F and C, and the contract is written as “vehicle G Freight (hereinafter “instant freight”).”, “15,60,000 won in sales price,” “the name seat of the business office,” “business employees T”, and “Buyer F”.

3) Around that time, the Plaintiff prepared a written estimate for special production in the amount of KRW 78,00,000,000 in which the name of “14 to obtain adequate loans for the purchase of the instant trucking goods” was written upon request from F to the effect that “F lacking credit will prepare a written estimate for special production,” and then set the actual contract amount at KRW 27,023,580 when entering into a loan contract with F.C. Around August 22, 2012, the Plaintiff issued a written estimate for special production to H Co., Ltd. (hereinafter “H”) to the employees in charge of loans of H Co., Ltd. (hereinafter “H”) through J, etc., with the total amount of KRW 78,00,00,000,000, the Plaintiff’s representative personnel, the Plaintiff’s representative, issued the written estimate for special production between H and H, “I,00,000,000 if the Plaintiff’s letter of special production or termination of the contract.”

2 The F and H constitute the instant case on August 27, 2012.

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