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(영문) 대전지방법원 2020.08.19 2019가합105713
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On October 26, 2011, B Co., Ltd. (hereinafter “B”) entered into an agreement on D Construction and Model Operation (hereinafter “instant agreement”) with a customs office under the Defendant’s control on D (hereinafter “instant business”).

B. Around August 2011, Defendant-affiliated Korea Customs Service E (189, Seo-gu, Seo-gu, Daejeon Customs Office 1 Dong-dong, Seoul Customs Office 3) installed DNA computer equipment necessary for the instant project (hereinafter “instant equipment”) for the purpose of security management around August 201.

C. B around August 21, 2012, around August 21, 2012, the Plaintiff’s liquidator entered into a contract with F, the former representative director, to transfer and acquire all rights and obligations regarding the instant business, including the instant equipment.

The Commissioner of the Korea Customs Service requested the head of C customs office on December 24, 2012 to remove the instant equipment by December 31, 2012, but the instant equipment was not removed.

After January 24, 2013, the customs collector requested the removal of the instant equipment until February 15, 2013, as the instant business was terminated in B on January 24, 2013.

E. On February 6, 2013, the Plaintiff sent a letter to the Commissioner of the Korea Customs Service stating that the revocation of the instant project was unreasonable. After that, the Plaintiff, a person in charge of the Korea Customs Service, and a person in charge of the C Customs were in charge of the instant project on October 30, 2013.

F. On October 15, 2013, the Plaintiff submitted to C Customs a letter of undertaking (hereinafter “instant letter”) as follows, and requested C Customs offices to pilot the instant business for a period of one month.

We undertake that our business is being transferred or taken over by you and promoted the business of this case promoted by the Convention between E and B, and that we will do their best for the prompt implementation and success of this model operation and will fulfill its responsibilities until this model operation is completed.

(m) The period of this demonstration operation shall be one month (detailed schedule shall be separately consulted) from the beginning date of the demonstration operation service.

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