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(영문) 대구지방법원 2020.12.04 2020가단6976
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The status of the party is a legal entity engaged in textile manufacturing and sales, export business, Defendant B is an individual entrepreneur who engages in trade, good offices, and brokerage of textile trade, good offices, and brokerage business, and Defendant C is a working-level person of D.

B. The Plaintiff entered into the instant export and import contract and import process of goods 1) around February 2019, the Plaintiff is a company E (hereinafter “foreign company”).

) Under the intermediation of the Defendants, an agent for the sale of goods in the Republic of Korea, the Plaintiff’s agent for the sale of goods in the Republic of Korea, from Nonparty Company 13dex 13ddex (hereinafter “instant headquarters”).

(2) On February 8, 2019, the non-party Company issued a written estimate to the Plaintiff as the other party, and the Defendant C delivered it to the Plaintiff. The Plaintiff issued an order to the non-party Company 9,243km through Defendant C to the non-party Company 9,243 g.

(3) On February 20, 2019, Defendant C sent the notice regarding the issuance of the letter of credit to F, who is the Plaintiff’s employee, as “E company” on February 20, 2019. On March 13, 2019, the Plaintiff issued the letter of credit to Nonparty C on March 13, 2019. On the same day, Defendant C sent the transport documents received from Nonparty C to the Plaintiff that the imported goods arrive at Busan on April 25, 2019, but the Plaintiff accepted the letter of credit around that time.

C. The Plaintiff, which caused the defect of the prime contractor of this case, discovered the defect, such as the failure of the prime contractor in the process of manufacturing the direct product using the prime contractor of this case, and notified Defendant C of the occurrence of the defect.

Accordingly, on May 23, 2019, Defendant C visited a tobacco plant that was working as the prime contractor of the instant case and confirmed the status of the prime contractor, and delivered the Plaintiff’s click to the Nonparty Company, and received the prime contractor’s sample.

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