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(영문) 서울동부지방법원 2016.09.07 2014가합111328
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Plaintiff’s assertion

C Based on the parents of Japan, C performed the business of arranging the export of the ice scrap metal collected from the Japanese withdrawal company for a long period of time to the Japanese E company (hereinafter “E”).

C around 2007, F established G, Inc., thereby exporting the Switzerland scrap metal on behalf of G, and exporting it to E.

C The F established the Plaintiff in 2010 and the Defendant acting on behalf of the Defendant, thereby exporting the Switzerland scrap metal to E in the name and account of the Defendant.

(2) The Plaintiff and the Defendant agreed to exclude the Plaintiff from the export agency contract under the export agency contract entered into between the Plaintiff and the Defendant (hereinafter “instant contract”). On June 18, 2014, the Plaintiff notified the Plaintiff of the termination of the instant contract on the following grounds: (a) the Plaintiff was acting as an agent for the export of scrap metal for the Defendant’s test; (b) KRW 20 per Kg for the part exceeding 400 tons; and (c) KRW 10 per Kg for the part exceeding 40 tons (one thousand won per month).

The plaintiff was in a state of business closure.

The defendant is a hydroelectric business operator who exports more than $30 million annually, and the plaintiff is a company that exports the ice scrap metal exclusively exported to E, and thus the credibility with E is very important.

When the Defendant terminates the instant contract with the Plaintiff, it cannot maintain the export agency business due to the aggravation of the Plaintiff’s credit, and the Plaintiff actually began with E as it is impossible to engage in transactions with E after the Defendant’s termination.

This means that the trade line with E, which the plaintiff maintained for 15 years, is forced to be deducted, and that is made by a force-driven business operator who has the intention to make certain business activities difficult.

Ultimately, the defendant is a continuous export agency contract concluded with the plaintiff.

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