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(영문) 서울서부지방법원 2019.04.05 2018나34159
손해배상(기)
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The appeal cost is borne by the Defendant (Counterclaim Plaintiff).

Reasons

1. The scope of the judgment of the court of first instance partially accepted the Plaintiff’s claim on the merits, and dismissed the Plaintiff’s remaining claims on the merits and the Defendants’ counterclaim. Accordingly, the Defendants filed an appeal only against the part relating to the merits in the judgment of the court of first instance.

(Plaintiff filed an appeal on the part of the claim in the judgment of the first instance, and withdrawn the appeal on January 18, 2019). Accordingly, the scope of the judgment of this court is limited to the part of the claim in the principal lawsuit.

2. Facts of recognition;

A. On November 4, 2015, the Plaintiff was established for the purpose of exporting and selling goods of the Republic of Korea (hereinafter “Korea”) in the People’s Republic of China (hereinafter “China”), and D was registered as the Plaintiff’s vice president D from November 20, 2015 as the Plaintiff’s internal director on May 9, 2016.

person who has served as such.

B. A stock company E (hereinafter referred to as “E”) is a company established on March 25, 2013 with trade, export, and import business in Korea as its business objective, and is the representative director of the KM and the defendant B is a Chinese partner, and the defendant C is a Chinese partner, and is an in-house director of the KM and the KM is an in-house director of the KM and the KM.

C. The Chinese corporation’s “F Limited Corporation” (hereinafter “F”) is a business owner with respect to the international sales of goods at a store affiliated with the Chinese Railroad Department G, and the Chinese corporation H Co., Ltd. (hereinafter “H”) is a company entrusted with the sales of goods at a store affiliated with the G Iron State through the IF, etc.

On November 30, 2015, the Plaintiff entered into a bonded goods caretaker agreement with the Plaintiff and H under Article 1 of the Korea-China Joint Venture Investment Agreement between H on November 30, 2015, based on the fact that the Plaintiff is running a Chinese export business with the focus on cosmetics and beauty-related products in Korea.

The Parties shall respectively establish and implement projects in Korea and China for companies with the main purpose of promoting the bonded goods caretaker business of high-speed rail stations.

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