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(영문) 전주지방법원 2016.06.21 2015가단23637
손해배상(기)
Text

1. The plaintiffs' primary claims are dismissed.

2. Defendant C: (a) KRW 62,49,97; and (b) KRW 86,765,940 to Plaintiff A.

Reasons

1. Summary of the plaintiffs' assertion

A. 1) The Plaintiffs asserted as to the primary claim. On December 2014, 2014, the Plaintiffs concluded a cargo transport agreement with Defendant C to transport the goods entrusted by Defendant C (hereinafter “instant cargo transport agreement”).

(2) Defendant C agreed to preserve the monthly sales of KRW 15,00,00 to the Plaintiffs in the instant cargo contract. In return for one year, Plaintiff C paid KRW 70,00,000 to Defendant C, and KRW 100,000 to Plaintiff B, respectively. 2) The Plaintiffs were transported from January 2015 to March 200 of the instant cargo contract, but Defendant C failed to perform the monthly sales agreement stipulated in the instant cargo contract by paying only a portion of the first month to Defendant C, which was 15,00,00,000, KRW 15,000,000, and KRW 30,000, KRW 97, KRW 97, KRW 90, KRW 300, KRW 400, KRW 97, KRW 97, KRW 90, KRW 300, KRW 97, KRW 90, KRW 300, KRW 97, and KRW 30,000, KRW 97, and KRW 300.

3) Meanwhile, Defendant C is the Defendant Company D (hereinafter “Defendant Company”).

As the actual representative of the defendant C, the defendant company is jointly with the defendant C, and is obligated to compensate the plaintiffs for the amount stated in the claim. (B) Even if the defendants' tort is not recognized, the defendant C does not constitute a tort.

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