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(영문) 서울고등법원 2017.07.07 2016나2074553
약정금 등
Text

1.The judgment of the first instance shall be modified as follows:

(1) Defendant C and E are jointly and severally and severally liable for damages incurred to the Plaintiff.

Reasons

1. The facts below are, without dispute between the parties, acknowledged by taking account of the whole purport of the pleadings as a whole in each entry of Gap evidence of Nos. 1 to 16, 18 to 28, Eul evidence of No. 8 to 13, 18 (including each number, if any, if any; hereinafter the same shall apply).

[1] The plaintiff is a corporation aimed at international logistics brokerage business, shipping agency business, etc., and F is the plaintiff's representative in-house director.

Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 5, 2016 as a corporation aimed at management consulting and service business, etc., and Defendant D is the representative liquidator of Defendant B.

Defendant C (hereinafter “Defendant C”) is a corporation with the purpose of marine transportation, overseas resources development, etc., and Defendant C is the representative director of Defendant C.

[2] The main business stipulated in the Agreement (No. 2) 1, the definition of this Agreement (as regards main business and its ancillary business), is the development of the Russia mine and the import of flexible coal. The main business is the incidental business, such as the business related to the development of the port of shipment, shipping and logistics of the Lussia import process.

Article 2 (Restitation Import Business) The importation of smoke in Russia and in Russia, through the Russia human network secured by Defendant B and C, shall be determined by the obligations of the Plaintiff, Defendant B and C.

1 Defendant B and C must perform the following obligations to the Plaintiff:

The work, production, etc. shall be conducted in advance for the importation of local partnerships.

(b) Securing ports for loading Russia and purchasing flexible coal;

(c) All the affairs of the final demand for the payment of the amount of flexible coal and the process of settlement in cash;

(d) be responsible for the business of trade brokerage firms and their ancillary matters;

2 The Plaintiff must perform the following obligations to Defendant B and C:

Expenses for projects following the import of coal.

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