(영문) 청주지방법원 2017.12.01 2017가단105685

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(영문) 청주지방법원 2017.12.01 2017가단105685

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff is a partner of C who died on January 11, 2014 (hereinafter “the deceased”).

From July 2013, the Deceased requested the Defendant to import the frozen fishery products for feed in the farm.

On December 10, 2013, the Deceased deposited KRW 20 million to the Defendant, and the Plaintiff deposited KRW 8 million at the Defendant’s request on December 26, 2013.

Since the business relationship between the deceased and the defendant was terminated due to the death of the deceased, the defendant is obligated to compensate the plaintiff for the total amount of KRW 28 million and KRW 50 million that the deceased remitted to the defendant on July 24, 2013 as collateral or advance payment.

B. The Defendant is the representative of D in charge of the import and customs clearance of imported fishery products on behalf of the Defendant, and traded them over five occasions with the Deceased.

In the course of transaction, the Defendant lent KRW 30 million to the Deceased on October 29, 2013. However, the Defendant was partly repaid the loan amounting to KRW 20 million that the Defendant received from the Deceased.

The defendant was unable to pay the deceased the unpaid loan and the agency fee, and the plaintiff paid 8 million won to the defendant upon the request of the deceased, and the defendant offsets the amount of 5 million won which he received at the time of the first transaction.

2. In light of the judgment, although the cause of the plaintiff's claim is unclear, but if the plaintiff's claim for damages due to the tort, it is not sufficient to recognize that the defendant committed an intentional act against the deceased or the plaintiff, thereby causing damage to the deceased or the plaintiff, and there is no other evidence to support this. Thus, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

유사 판례

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-서울북부지방법원 2015.06.25 2014가합172

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