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(영문) 서울중앙지방법원 2017.09.05 2016가합556021
손해배상(기)
Text

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

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a director of the D Accounting Corporation, who is a major shareholder of the E (E; hereinafter “E”) and a person who actually runs the said company, who is a local subsidiary of Vietnam. (2) Defendant B is a Korean corporation F (hereinafter “F”) established on October 14, 2013 for the purpose of exporting and importing plastic products and wholesale and retail business, trade brokerage business, etc. (hereinafter “F,” “F,” hereinafter), and a person who actually operates the said company, “GMD (G Co., Ltd., Ltd.,” and Defendant CF, a local subsidiary of Vietnam (hereinafter collectively referred to as “instant products”), who is a corporation of Vietnam, producing various plastic packaging and solvents, etc. (hereinafter collectively referred to as “F”).

B. Vietnam G, F, and Vietnam: (a) transaction relationship between Vietnam and Vietnam; (b) transaction relationship between Vietnam and Vietnam is one between the end of February 2015 and the beginning of March 2015; and (c) the Work Agreement with Vietnam (hereinafter “instant Work Agreement”).

(A) Vietnam, upon entering into the instant product, shall install all machinery and equipment and devices necessary for the production of the instant product in Vietnam’s local factory, and conduct all technical assistance necessary for the production of the instant product and quality control of products.

B) Upon receipt of an order from the ordering office, Vietnam: (a) purchase of raw materials necessary for the production of the instant product and request Vietnam to manufacture the instant product; and (b) Vietnam means USD 50,000 in terms of the purchase price of raw materials in Vietnam (hereinafter referred to as “U.S. dollars”) in terms of the purchase price of raw materials.

c) Vietnam shall make a loan to Vietnam and supply the instant product to Vietnam and receive product production costs ($ 28 per ton) and profit distributions ($ 14.28 to $ 58.48 per ton for each product) from Vietnam. Daehan's installation and equipment installed in Vietnam's local factory.

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