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(영문) 대구지방법원 2018.11.22 2017가합210116
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in the manufacturing and wholesale business of textile products, etc. under the trade name of “D,” and Defendant B was engaged in salt processing business under the trade name of “C,” and was established around September 15, 2017 and transferred all of its business to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and the Defendant Co., Ltd. is a company operating salt processing business by acquiring salt processing business from Defendant B.

B. From around 2009, when the Plaintiff and Defendant B provided the original body to Defendant B with the color processing of the original body, the Defendant B made a transaction by using the original body so provided at the Plaintiff’s request for salt processing and supplying it to the place designated by the Plaintiff and receiving processing costs (hereinafter “the instant transaction”).

C. As the instant transaction continued between the Plaintiff and the Defendant B, the Plaintiff supplied various kinds of original parts to Defendant B from time to time, and the Defendant B kept the original parts remaining after being used for salt color processing according to the Plaintiff’s order among the original parts supplied by the Plaintiff. Defendant B recorded the original parts of each month, and sent them to the Plaintiff at the beginning of the following month, on the pretext of “detailed statement.”

Defendant B sent to the Plaintiff each month from February 1, 2013 to July 8, 2013, respectively, on January 201 to July 2013.

6. Separate from the statement of revenues and expenditures (hereinafter “the first statement of revenues and expenditures”), around July 17, 2013, a re-written statement of revenues and expenditures (hereinafter “the second statement of revenues and expenditures”) was stated in the statement of revenues and expenditures (hereinafter “the second statement of revenues and expenditures”) and the first statement of revenues and expenditures on January 2013, 2013 as “158,718 must be included in total,” but on January 2, 2013, the second statement of revenues and expenditures was stated as “a total amount of total stock stock of the Plaintiff as the total amount of total stock stock was deleted.” The second statement of revenues and expenditures thereafter was also stated as “a total amount of total stock stock -3,580 must be deleted,” and the second statement of revenues and expenditures on January 2, 2013.

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