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(영문) 울산지방법원 2021.01.21 2020나11209
손해배상(기)
Text

1. According to the Plaintiff’s expansion of the Plaintiff’s claim in this court, Defendant C’s KRW 25,000,000 and its purport.

Reasons

1. Basic facts

A. The Plaintiff operates a restaurant under the trade name of “D”, and Defendant B and Defendant C are engaged in the wholesale business of fishery products in the trade name of “E” and “F.”

B. Around January 2016, the Plaintiff: (a) borne the respective bond with Defendant B and each owner of the ship (a person who entered into a direct contract with the owner of the ship to acquire the operating water from the owner of the ship) and agreed to receive and divide the vitality, which is a fishing water, into one half of them (hereinafter “instant agreement”).

In accordance with the instant agreement, the Plaintiff paid KRW 25 million to Defendant B four times from February 6, 2016 to December 12, 2012 of the same month, and Defendant B paid KRW 25 million in total, including KRW 25 million and KRW 25 million prepared by the said Defendant, with the active new supply deposit, to H on February 17, 2016.

(d)

Plaintiff

In addition, from April 2016 to March 2017, Defendant B received half of the active rain supplied from H from H and distributed half of them. However, on the ground of the decline in the new guidance of active rain, Defendant B decided to change from G to I.

E. Accordingly, around April 2017, Defendant B paid KRW 30 million, out of KRW 50 million to Defendant C, who was the subordinate owner of I, to whom the said deposit was returned from H, as a active new deposit. The Plaintiff and Defendant B received one-half of the active rains from Defendant C, and distributed half of them.

F. Defendant C and Defendant B discontinued each active supply transaction around September 2017, and the Plaintiff discontinued each active supply transaction around October 2017.

[Reasons for Recognition] Uncontentious Facts, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings

2. Determination

A. As to the Plaintiff’s claim against Defendant B, KRW 30 million paid by Defendant B to Defendant C in accordance with the instant agreement is borne by the Plaintiff and Defendant B in the amount of KRW 15 million.

Therefore, Defendant B deducted the Plaintiff from KRW 30 million used as the above deposit out of KRW 50 million returned from H. 2.

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