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(영문) 서울중앙지방법원 2020.08.20 2018가합562013
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Status 1 of the Parties: (a) The Plaintiff (at the time, the name of the Company C was a “stock company”) was changed as of March 27, 2019; and (b) was changed as of March 27, 2019; and (c) was not distinguished before and after,

The purpose of the export and import business is the company that runs the business of export and import, etc., and the Defendant is the company that runs the “D department store”. 2) E practically operated the two companies as a general director and G representative director of F Co., Ltd. (hereinafter “Co., Ltd.” in its trade name).

B. The Plaintiff’s purchase of the Plaintiff’s goods 1) H from F on April 6, 2015 to F in terms of a foreign brand, brand store, clothes, etc. (hereinafter “instant goods”).

(2) On June 5, 2015, the J concluded a contract for the supply of goods to be supplied for KRW 1,662,40,000, and on June 24, 2015, the Plaintiff purchased from K again KRW 1,712,271,660.

Meanwhile, around that time, the Plaintiff purchased all of the instant goods by concluding a separate sales contract of KRW 320,000,000 for the instant goods with J and the remainder.

3) On June 23, 2015, J acquired a bill of lading from H and received the payment from the Plaintiff and K, and followed customs procedures for the instant goods. The Plaintiff requested the J to verify the actual goods of the instant goods. However, the J requested the Plaintiff to substitute the summary inspection at the J’s office to the Plaintiff in order to ensure prompt commercialization of the instant goods and prevent damage to the goods. The Plaintiff accepted the request and replaced the physical confirmation with confirming the contents of a photograph and a single stuff on the stuffed goods. After that, the instant goods were transferred to the G office in early July 2015. (c) The Plaintiff was the Defendant and the Plaintiff (i).

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