(영문) 수원지방법원 2016.03.17 2015나26914

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(영문) 수원지방법원 2016.03.17 2015나26914

약정금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 4 to 11, and Nos. 2 and 3.

The Plaintiff is a company that runs the wholesale business of Category B, and the Defendant Company B (hereinafter referred to as the “Defendant Company”) is a company that engages in export, import, agency business, etc., and the Defendant Company C is the father of Section D, the representative director of the Defendant Company.

B. On May 31, 2011, the Plaintiff entered into a marine and inland transportation contract between the Defendant Company and the Defendant Company with the content that the Plaintiff would act on behalf of the Defendant Company for the carriage of the sea and inland transportation of the paper World Cup originals imported from China’s E company. At the time, Defendant C performed the duties such as concluding the above contract by the Defendant Company.

C. On October 18, 2011, Defendant Company issued a letter of commitment to sell goods with an exporter as the E company and importer as the Plaintiff on the order of the Plaintiff’s paper World Cup. On November 1, 2011, Defendant Company entered the Republic of Korea around November 1, 201, and entered Korea as the part of the Plaintiff’s order.

2. Judgment on the parties' arguments

A. Summary of the party’s assertion 1) The Plaintiff is the Defendant Company and the Defendant C (hereinafter collectively referred to as “the Defendants”).

On March 17, 2014, there was a serious defect in the original part of the paper cups imported as the intermediary by the Defendants, so that it could not be used for the manufacture of paper cups. At that time, the Defendants filed a C-C-C-C-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

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