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(영문) 수원지방법원안산지원 2019.06.21 2018가단67797
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Around July 2018, the Defendant offered to the Plaintiff a letter of credit for the convenience of the Plaintiff’s business, upon requesting the Plaintiff to conduct the cooperative business of financial rights and the management of the Dagting Cooperative.

Accordingly, even though the Plaintiff performed the business given from August 1, 2018, the Defendant unilaterally refused to issue the credit around October 2018.

Accordingly, the Plaintiff suffered losses and other mental losses due to the failure to recover expenses incurred in the business trip amounting to KRW 20,000,000, which was trusted and administered by the Defendant.

Accordingly, the defendant is entitled to compensate for damages of KRW 60,000 (=20,000,000 won for active damages).

2. On July 2018, there is no dispute between the parties that the Defendant agreed to obtain a certain amount of credit from the Plaintiff, instead of assisting the Plaintiff to cooperate with financial rights.

However, there is no material to know the specific contents of the agreement (such as the scope, content, and method of implementation of the mutual obligation) and there is no material to know whether the Defendant intended to open and implement the credit (such as the Plaintiff’s imported items, contents of consultation, and existence of an enterprise that has issued another credit) or not. Therefore, it cannot be readily concluded that the Defendant’s refusal to issue the credit was a contractual breach.

Therefore, it is difficult to accept the Plaintiff’s claim on a different premise.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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