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(영문) 수원지방법원 2016.10.27 2016나53197
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts do not conflict between the parties, or each entry in Gap evidence 7-1 to 3 may be admitted by taking into account the whole purport of the pleadings:

The plaintiff is mainly engaged in the export and import and sales of agricultural, livestock and livestock products, and the defendant is mainly engaged in the wholesale and retail business of imported livestock products.

B. E, while serving as an employee of the Plaintiff, from January 2014, E, from the Plaintiff and the Plaintiff from January 2014, ordered the Plaintiff to collect from the Plaintiff the amount, unit price, and fees of freezing meat, such as Canadian’s Canadian’s Danes, swine, etc., and the bones of swine, etc.... In the event that the Plaintiff imports the frozen meat ordered as above, E took over the ordered quantity of freezing meat through quarantine procedures, and traded the imported frozen meat by paying purchase price, including commission, to the Plaintiff.

C. E established the Defendant on June 27, 2014, and was appointed as the Defendant’s representative director, and thereafter, the Plaintiff and the Defendant have traded the imported frozen meat in the same manner.

2. Judgment on the parties' arguments

A. On December 10, 2014, the Defendant: (a) around December 10, 2014, the Plaintiff: (b) 17ton of the frozen swine suas (i.e., freezing swine 270A8,493.14 km of freezing swine 129A8,500.80 gg, and hereinafter collectively referred to as “instant frozen meat”).

(2) The Plaintiff and the Defendant agreed to purchase the Free Trade Zone for Free Trade Zone for Free Trade Zone for Free Trade Zone for Free Trade Zone for Free Trade Zone for Free Trade Zone for Free Trade Zone for Free Trade Zone for Free Trade Zone for Free Trade Zone for Free Trade Zone for Free Trade Zone for Free Trade Zone for Free Trade Zone for Free Trade Zone.

(3) On December 17, 2014, the Plaintiff concluded the instant purchase agreement with the Korea Branch of Canadian D Co., Ltd., Korea on December 17, 2014, KRW 110,069,132 (i.e., freezing swine 270A8,493.14kg for freezing swine 270A, 493.14kg for freezing swine 129A8,500.

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