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(영문) 부산지방법원 2015.05.14 2014가합6438
편취금
Text

1. The Defendant’s KRW 128,610,00 for the Plaintiff and KRW 5% per annum from April 9, 2014 to May 14, 2015.

Reasons

1. Facts of recognition;

A. A. Around 2011, when the Plaintiff was engaged in the manufacture and sale of the steel structure for building in the name of “C”, the Defendant, who suffered difficulties in the supply of and demand for materials with the steel plate raw materials so sold, obtained money from the Plaintiff with the import of the steel plate raw materials as follows.

1) On March 20, 201, the Defendant stated to the Plaintiff that “The Defendant would import gold plates of 1,170 won in China, including value-added tax, for 4m (4m) m (1,350 square meters) each km in Korea.” However, the Defendant did not have any intent or ability to import gold plates in China within 45 days even if the Defendant received the payment from the Plaintiff on the grounds that the steel plates were not available for once, and that there was no intention or ability to import gold plates in China within 45 days. On April 15, 2011, the Defendant received money KRW 10 million from the Plaintiff to the account of D Enterprise Bank (E) of Korea operated by the Defendant on the 21st of the same month from the Plaintiff, and then, the Defendant sent money to the Plaintiff on April 15, 2011, to the effect that the Plaintiff would have to buy gold plates from China to KRW 50 to 100,000,000.

However, even if the defendant received the price from the plaintiff, it did not have the intention or ability to place an order for the scrap metal market in China or purchase the product.

As above, the defendant deceivings the plaintiff and received 57 million won in cash from the plaintiff.

3. On June 2, 2011, the Defendant: (a) around 2, 201, up to 4m an annual metal plate to be purchased by the Plaintiff as a warehouse located in the north northwest of China; and (b) the Plaintiff was entering the factory, “goods are being entered in the factory.”

However, if the article is stored in a container, it is not imported as a raw material.

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