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Reasons
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(영문) 대구지방법원포항지원 2013.10.10 2013가단513
손해배상(기)
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1. The Defendant’s KRW 11,650,00 for the Plaintiff and KRW 5% per annum from February 8, 2013 to October 10, 2013.

Reasons

1. Basic facts

A. The Plaintiff (formerly, “Co., Ltd.”) imported Chinese polypropy packaging paper (hereinafter “instant packaging paper”) from Lexex Co., Ltd. and sold them to Bosco Co., Ltd. (hereinafter “Masco Co., Ltd.”), C, C, C, etc. (hereinafter “Masco Co., Ltd.”).

B. From March 9, 2009 to May 11, 2010, the Plaintiff sold and supplied the packaging site after importing the packaging site from around March 9, 2009. In the event that the packaging site was cut and supplied, the Plaintiff removed the labels attached at the time of import, and then affixed labels on which the “MAE INCHINA” was written and supplied to the product without the country of origin labeling. In the event that the packaging is supplied as they are imported, the Plaintiff supplied the labels on which the “MAEININA” was written on the “State” display the country of origin.

C. On July 22, 2010, the customs collector discovered that the above act of the Plaintiff was in violation of an indication of origin on the steel packaging paper and issued a disposition imposing a penalty surcharge of KRW 133,952,90 on the Plaintiff (hereinafter “instant disposition”). The notice of the instant disposition reached the Plaintiff on July 23, 2010.

On August 2010, the Plaintiff agreed to appoint a defendant as an attorney and to file a lawsuit seeking revocation of the instant disposition by appointing him/her as an attorney, and paid KRW 3,300,000 to the Defendant on August 30, 2010.

E. On November 24, 2010, the Defendant filed a lawsuit seeking revocation of the instant disposition with the Daegu District Court (hereinafter “instant lawsuit”). On April 29, 2011, the said court rendered a judgment of retirement on the ground that the Plaintiff filed the instant lawsuit after the lapse of 90 days from July 23, 2010, when the Plaintiff was notified of the instant disposition, and the said judgment became final and conclusive around that time.

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