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(영문) 서울중앙지방법원 2017.02.03 2016가합5561
보관금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 137,001,245 won and 5% per annum from August 18, 2011 to February 3, 2017.

Reasons

1. The following facts may be found either in dispute between the parties or in Gap evidence 1 to 4, Gap evidence 7, Gap evidence 10, Eul evidence 10, and Eul evidence 1 (including each number), by integrating the whole purport of the pleadings:

1) The Plaintiff is a Korean legal entity established for the purpose of textile manufacturing, wholesale, textile export and import business, etc. 2) Defendant B Co., Ltd. (hereinafter “Defendant B”) is a legal entity of the Republic of Korea established for the purpose of general trade business, trade brokerage business, etc., and Defendant C is the representative director of India B.

3) D is a person who has engaged in textile import business with the trade name of “E” in Russsib, from April 2007 to April 2007. (b) When the Plaintiff, around June 2009, shipped the fiber, the goods for export, into D’s “E,” and then delivered shipping documents to Defendant B, the Defendant B is entitled to receive an amount of money calculated by adding an amount equivalent to 11% of the export price to D, after deducting an appropriate fee from 5% of the export price, to the Plaintiff (hereinafter “third party agreement”).

(c) The Plaintiff exported fibers to “E” operated by D from August 22, 2009 to May 10, 2010, as follows:

(F) The number 1F 19,048 on September 12, 2009 1F 1F 1,235 G 239,793 on August 22, 2009, 30,08 30, 208 30, 298 30, 41, 937 4. 20, 30, 206. 30, 83. 25, 20, 206. 8. 2, 20, 30, 205, 20, 93. 3, 20, 206. 4. 1, 20, 205, 206. 3, 20, 205, 206. 30, 25, 200, 205, 30, 205, 204

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