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(영문) 서울동부지방법원 2017.10.18 2016가단117354
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On August 8, 2014, Plaintiff Maritime Asset Management Loan Co., Ltd. (hereinafter “Maritime Asset Management”) and A (A) entered into a sales contract for blasting cancer with the Defendant (B) as follows (hereinafter “instant contract”).

Article 1 (Contract Items and Unit Price) A shall pay KRW 100,000,000 (based on On-the-spot 20,000 cubic meters (based on On On-the-spot 25.5 metric tons) to the person who is not a party to a contract, and approximately KRW 300,00,000,00,00 for the name of the goods.

Article 5 (Prohibition of Assignment of Rights and Duties) A and B shall not transfer all or part of the rights and duties specified in this Agreement to a third party without mutual agreement.

B. The Plaintiff Sea Assets Management and A paid the Defendant the down payment of KRW 100,000,000 according to the instant contract.

C. A around August 2015, around August 2015, entered into a contract with the Plaintiff MC Loan Co., Ltd. (hereinafter “MM”) on the transfer of all rights under the instant contract to the Plaintiff AMC in the 201st century.

Plaintiff

On August 24, 2015, MM notified the Defendant of the acquisition of rights by content-certified mail.

E. The Defendant sold blasting cancer to the new and new company.

[Ground of recognition] Facts without dispute, entry of Gap 5-7 evidence, purport of the whole pleadings

2. Claim:

A. The defendant, which is the primary claim, sold blasting cancer to a third party against the contract of this case, and there is no intent to perform the contract with the plaintiffs.

The Defendant cannot perform the instant contract.

The plaintiffs cancel the contract of this case by serving a duplicate of the complaint of this case.

Therefore, the defendant is obligated to return 100,000,000 won as down payment to the plaintiffs by reinstatement, and is obligated to pay 100,000,000 won as down payment with compensation for damages.

B. The defendant of the preliminary claim shall terminate the contract with the plaintiffs.

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