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(영문) 서울서부지방법원 2020.07.08 2020가합30132
손해배상(기)
Text

1. The Defendant’s KRW 28,800,000 as well as 5% per annum from August 1, 2017 to March 28, 2020 to the Plaintiff.

Reasons

1. The Plaintiff is a corporation whose purpose is to display the claim, such as computer, surrounding device, software, and wholesale and retail business of telecommunications equipment.

The plaintiff, around November 2016, by deceiving the defendant in November 2016, suffered losses from the supply of computers and peripheral devices equivalent to KRW 400,000 to the company in which the defendant was the representative and not paid the amount.

On April 2017, when the Defendant was tried in the course of fraud, the Plaintiff agreed with the Defendant that “When the Defendant pays the Plaintiff KRW 70 million out of the amount of damage 40 million to the Plaintiff with respect to the fraud case Seoul East Eastern District Court 2017Kadan515, the Plaintiff was fully repaid the amount of KRW 400 million. When the Defendant was released, all of the claims he had without delay shall be transferred to the Plaintiff, and two million won shall be paid to the Plaintiff at the end of each month from the date following the Defendant’s release, and if the payment is delayed on three or more occasions, the Plaintiff shall be liable to immediately pay the remainder in full.”

The Plaintiff received KRW 70 million according to the above agreement and drafted a written agreement to the Defendant, and the Defendant was released on July 2017, but did not pay the amount of the goods payable to the Plaintiff, unlike the above agreement.

Therefore, the Plaintiff seek payment of the unpaid amount of KRW 228.8 million to the Defendant and damages for delay.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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