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(영문) 서울고등법원 2018.04.20 2017나2012781
손해배상(기)
Text

1. The plaintiffO's appeal and the additional claim in the trial are dismissed.

2. Plaintiffs B and C among the judgments of the first instance court.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff O Co., Ltd. (E at the time of its establishment on May 1, 2012), F Co., Ltd. on January 27, 2014, F Co., Ltd. on October 2, 2015, F Co., Ltd. on March 15, 2016, and F Co., Ltd on May 26, 2017.

"Plaintiff Company" in total before and after the amendment.

The purpose of the functional health foods is to wholesale and retail business, trade business, etc. The Plaintiff B refers to the Plaintiff B, from February 1, 2013 to May 1, 2015, as the representative director or internal director (hereinafter referred to as the “representative director”).

) A person registered as the Plaintiff Company, and Plaintiff C is a person who actually manages the Plaintiff Company since its establishment with Plaintiff B’s children. 2) The Defendant (a first stock company G was changed to the trade name as of February 28, 2013; hereinafter “Defendant”) is a company with the purpose of food import business, etc.

B. The Plaintiff C and the Defendant on behalf of the Plaintiff Company around October 2012, on behalf of the Plaintiff Company: (a) the Defendant, on behalf of the Plaintiff Company, is a H Limited Company (H; hereinafter “H”) of the United States on behalf of the Plaintiff Company.

) From 1 container quantity (total 88 drum 22,792 kg) wild blusium (hereinafter referred to as “blusium”).

1) A contract under which the term “instant import agency contract” is to be entered into at least nine U.S. dollars per kilogram (hereinafter referred to as “instant import agency contract”).

2) The Defendant entered into a contract with H company on the purchase of two copies of containers in the amount of two copies of containers, and accordingly, on March 1, 2013 and the same month.

4. From March 1, 2013 to March 1, 2013, “the first imported portion” and the same month, each of which received one package of container:

4. The arrival of the second imported goods shall be referred to as “the second imported goods,” and the total amount of this case’s tables shall be referred to as “the instant blue amount.”

(c) The Plaintiff Company arrived at each port of Busan. (c) The Plaintiff Company up to the Hanbio Co., Ltd. on March 18, 2013 and on April 5, 2013.

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