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(영문) 수원지방법원안산지원 2019.01.31 2018가합36
손해배상 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the party is a company with the objective of selling special metal raw materials, Kabsethyl pipes, etc., and B (hereinafter “B”) is a company with the purpose of manufacturing and selling piping materials.

B. The Plaintiff and B’s franchise supply contract 1) The Plaintiff is a D (D; hereinafter “Party”) located in the State of Iran around August 18, 2015.

(2) In order to fix or connect steel products, steel products are “steel products” as connected parts. The Plaintiff entered into a contract with B on November 4, 2015 to supply 417 goods, 6,402 goods, and 6,402 goods from B, and was supplied by B from November 18, 2015 to June 30, 2016.

The plaintiff supplied the franchise supplied by B to the customer during the above period.

C. On August 7, 2016, the Customer: (a) from around August 7, 2016, the Customer demanded the Plaintiff to compensate for damages, etc. from the fact that some defects have occurred in the franchise supplied to the Plaintiff; and (b) on November 7, 2017, the Plaintiff agreed to compensate the Plaintiff for USD 264,52.40,00 in the aggregate of the supply prices of each product listed below (hereinafter “each product of this case”) on the part of the franchise supplied to the Plaintiff.

Serial Nos. 1 E 1,420 supply proceeds (USD) 1 E 1,420 128,654.13 2F 339 98,008.18 3 G 37,860.09 total 2,132 264,52.40

D. B, on July 30, 2018, the decision on commencing the rehabilitation procedure for B and the decision on commencing the rehabilitation procedure for B was rendered by Busan District Court 2018 Ma1006, and at the time, the Defendant at the time the inside director was deemed the custodian. The Plaintiff is the amount calculated by converting USD 278,788,093 (US$ 264,52.40) to the rehabilitation court at the time of conversion of USD 264,52.40 into the exchange rate.

Although the defendant reported the rehabilitation claim as a rehabilitation claim, it is on the ground that the lawsuit in this case is pending.

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