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(영문) 서울중앙지방법원 2019.10.30 2017가단5115074
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 2014, the Plaintiff’s representative director C met with D representative director E, a company manufacturing strawbbbbs, around 2014.

E means that “the Defendant is to receive a F Bcox from D and supply D to G. The Defendant wishes to pay advance payment to D in order to enable D to develop the product, and instead is to obtain a performance guarantee insurance policy from D. However, the Defendant is unable to pay advance payment because it did not obtain a performance guarantee insurance policy because it did not have good credit condition. If the Plaintiff Company concluded a supply contract with the Defendant and submitted a performance guarantee insurance policy to the Defendant to receive advance payment, it would continue to guarantee the payment of advance payment with fixed sales.”

B. On September 23, 2014, the Plaintiff entered into a supply contract with the Defendant on the 10,000 Scambox, and received an advance payment guarantee insurance policy and submitted it to the Defendant on September 23, 2014.

The Plaintiff received KRW 313,500,000 as advance payment from the Defendant on the 29th of the same month.

The Plaintiff paid KRW 297,825,000 among them to Nonparty H, and H paid KRW 200,000,000 to Nonparty I, and I paid KRW 150,000,00 to D.

C. However, D also proposed the same proposal to the Plaintiff, and the J followed also concluded a supply contract with the Defendant on the 10,000 black boxes.

D agreed to deliver the product by January 22, 2014, but failed to comply with the delivery deadline, and again extended the delivery deadline by April 23, 2015, but the Defendant failed to comply with this, thereby claiming the return of the advance payment to the Plaintiff.

E. The Plaintiff received the insurance accident management to K, and K requested the reimbursement against the Plaintiff.

The plaintiff paid all the amount received as advance payment as advance payment.

F. In this regard, D representative E shall be subject to double punishment of the specific economic crimes.

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