(영문) 서울남부지방법원 2017.05.18 2016가합108411

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(영문) 서울남부지방법원 2017.05.18 2016가합108411

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a Chinese trade operator in the Chinese roadside, and the defendant has served as the plaintiff and trend to assist the plaintiff in purchasing various items, such as cosmetics.

B. The Plaintiff asked the Defendant to find out whether the Plaintiff can purchase shampoo and shampoo (hereinafter “the instant goods”) of the Ampise’s graphic, and requested the Defendant to purchase the shampoo and shampoo (hereinafter “the instant goods”). However, the Defendant requested C to purchase the cosmetic in Korea and sell the cosmetic to the Chinese people.

C. C: (a) the Defendant was entitled to seek the instant article from a person who was named as “D President,” and the Defendant delivered this fact to the Plaintiff.

The Plaintiff expressed his intention to purchase the instant goods in the amount of KRW 330 million per set of KRW 1650,000 per set of KRW 20,000,000, and paid to the Defendant KRW 10,000 as necessary expenses and brokerage commission.

E. On April 30, 2015, the Plaintiff paid the Defendant KRW 190 million out of the price of the instant goods, and KRW 200 million in cash, including necessary expenses and brokerage commission, and deposited the remainder amount of KRW 140 million in C’s account.

F. On the other hand, C also sought 10,00 sets of the instant goods from the transaction with oneself, and Defendant, C, and E agreed to receive delivery of the instant goods on April 30, 2015.

G. The Defendant, C, and E met with the names of the “F Team leader” from the commitment place instead of the D President.

The head of the F Team, at the latest on the date following the date of release, said that the F Team leader would deliver the price on the following day, and the Defendant paid at least KRW 150 million to the F Team leader, and KRW 1220 million to E, but thereafter, D President and F Team leader did not contact with the instant goods without giving rise to the removal of the goods.

H. The defendant shall be C, D President, and F team leader.

유사 판례

-서울북부지방법원 2015.02.06 2014가단8995

-대전지방법원 2016.08.25 2015가단31473

-대구지방법원포항지원 2015.06.23 2015가단2414

-부산지방법원 2008.10.10.선고 2008가합10696 판결

-부산지방법원 2018.05.31 2017구합23606