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(영문) 광주지방법원 2015.04.16 2014가합52935
손해배상(기)
Text

1. Defendant B’s KRW 126,00,000 and annual 5% from January 11, 2013 to May 15, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On June 2012, the Plaintiff and Defendant B’s family business Plaintiff came to know of Defendant B who frequently visited the “I” restaurant (hereinafter “instant restaurant”) operated by Defendant C in the same building, while operating the “H chain store” on the first floor of the commercial building located in Gwangju Northern-gu, Gwangju-gu, and, at the same time, established the JJ Co., Ltd. (hereinafter “J”) on November 14, 2012, there was a defect in the business of creating an agricultural company from Defendant B and selling agricultural products.

B. According to the Plaintiff’s preparatory brief dated August 25, 2014, including the purchase price of agricultural products to Defendant B, the total amount of money that the Plaintiff paid to Defendant B as the purchase price of agricultural products is KRW 211,00,000,000, and the Plaintiff claimed KRW 126,000,000 among them and damages for delay.

1) The Plaintiff listens to the horses that Defendant B would purchase the right wave, and sought payment of KRW 30,000,000 on September 6, 2012, and the intermediate payment of KRW 10,000,000 on September 26, 2012 (the Plaintiff paid KRW 30,000,000 to Defendant B on the said date, but only sought payment of KRW 10,00,00,000 on the said date.

(1) On October 5, 2012, KRW 5,000,000 (the Plaintiff paid KRW 5,000,000 as activity expenses to Defendant B on the said date, but did not seek it.

(2) Defendant B deposited KRW 10,00,000 in the name of the Defendant B with the purchase title on September 19, 2012, but Defendant B did not issue a written contract, contact information, and real confirmation of the fact that Defendant B did not request the return of the said purchase price. However, Defendant B demanded Defendant B to return the said purchase price. Defendant B did not request Defendant B to return the said purchase price on or around February 2013. 2012. 2) The Plaintiff deposited KRW 10,000,000 in the name of the purchase title to Defendant B to the Defendant’s account under the name of Defendant B.

3. On November 16, 2012, the Plaintiff was an account in the name of Defendant B with KRW 7,000,000 as the title of purchase for distribution to Defendant B.

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