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(영문) 서울남부지방법원 2018.09.18 2016가단10487
손해배상
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person operating a camping site with the trade name of “E” in Chungcheongnam-gun D, Chungcheongnam-gun, and Defendant B (hereinafter “Defendant B”) is a company aiming at camping and manufacturing and selling it. Defendant C is a vice president of Defendant B, who is a person in charge of the carbed sales contract concluded by the Plaintiff and Defendant B.

B. Around February 2015, the Plaintiff entered into nine sales contracts with Defendant B, and the Plaintiff received a loan from the bank and paid the loan.

(hereinafter “instant sales contract”). The Plaintiff and Defendant B expected to obtain a loan of KRW 230 million from the F Co., Ltd. (hereinafter “F”), but in fact, the loan was approved only for KRW 160 million, which is less than that of the Plaintiff.

C. On April 3, 2015, F submitted a written confirmation from the Plaintiff that “Defendant B was installed without any abnormal delivery,” and deposited KRW 159,790,320 with the Plaintiff’s account.

On the same day, the plaintiff is called as the middle and middle Kara team, the defendant, and the second and third Kara team from defendant B on the same day. However, even though the exact state is not known, it is obvious that it is not a new carra team, and therefore, the name will be unified into the middle and high Kara team

On April 27, 2015, 71,080, 71,000, 33,310,000 won were delivered to four groups, and 35,400,320 won was remitted to each other on April 30, 2015.

Defendant B, on May 2015, had five middle and five middle and half middle and brought five new Kara team to the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 9, Eul evidence 18, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff is against nine new carrabs (24 million won per unit, total sales amount of 20 million won 20 million won x 9 major =20 million won x 9.216 million won.

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