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(영문) 서울중앙지방법원 2020.07.22 2019나10698
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a person who sells precious metals, etc. with the trade name “E” in Jung-gu Seoul Metropolitan Government, and Defendant B is a person who performs the repair and processing business of bail, etc. with the trade name “G” from Jung-gu Seoul Metropolitan Government F, and Defendant C is a spouse of Defendant B, who works in the “G” store and assists Defendant B’s business.

B. The Plaintiff was entrusted by Defendant C with nine sales of used products. Two of them were sold, and the remaining seven of them were not sold, and Defendant C visited the Plaintiff’s store to recover two sales proceeds and seven remaining products sold around June 18, 2016.

C. On the other hand, the Plaintiff was requested by H to repair one half of 18 KK 2.12 f.o.b., “1.02CT 1.02CT E/SI1 grade D, and one half of 90% of 1.02 f.m. “1.02 f.m., and combined with one half of 1.02 f.m. and one half of 1.02 f.m.,” each half of the instant case by Defendant C.

For the same reason, on June 18, 2016, when the Plaintiff visited the store, Defendant C explained the part requiring repair of each half of the instant land to Defendant C in order to request its repair. D.

Defendant C returned to the Plaintiff’s store as well as the factory of “G” store, and the Plaintiff called to the effect that “the repair is not assigned to the Plaintiff. The same shall not apply to the confirmation.” However, the Plaintiff could not find out each of the instant Bans at the Plaintiff’s store.

E. As compensation for the loss of each of the instant Bans to H, the Plaintiff paid KRW 3,00,000,000, an amount equivalent to the value thereof, instead of the original reflects, to H, and instead of 1.02 Capitals, the amount of KRW 1.05CT E/S1 of the GI purchased from H, instead of 1.02 Capitals, is “1.05 Capitals by multiple groups” (hereinafter referred to as “1.05 Capitals”).

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