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(영문) 서울동부지방법원 2016.08.09 2015가단125891
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap's evidence 3 through 5, entry of Eul's evidence 2, the purport of all pleadings);

A. On March 26, 2013, the Plaintiff agreed with Defendant (Co., Ltd. B) on the entirety of the marine materials supplied to the sixth floor of the Cheongju-gu Cheongdong-dong 492, Cheongdong-gu, Chungcheongnam-gu, Seoul, the Plaintiff’s business place, as follows:

(1) On March 27, 2013, the Plaintiff deposited KRW 14 million to the Defendant, and transferred all of the salvage materials supplied by the Defendant to the Plaintiff on March 27, 2013 (hereinafter “instant confidentiality agreement”). The Plaintiff did not file any civil or criminal claim against the Plaintiff.

2. The balance shall be settled upon receipt of the agreed amount under the agreement with C; and

The Plaintiff shall pay the remainder to the Defendant at the time of receiving the agreed amount under an agreement with C, and the Plaintiff shall pay the remainder to the Defendant at the rate of the agreed amount received.

When the defendant receives the agreed amount under agreement with C, the remaining amount shall be 1.4 million won and the defendant pays to the plaintiff according to the ratio of the agreed amount received.

3. In addition, the defendant promises to supply marine materials that had been supplied to the plaintiff in the current corporation B at the same time, and in principle, the settlement of food materials by the plaintiff against the defendant shall be settled monthly.

4. The defendant does not absolutely disclose the amount received from the plaintiff to the outside.

Upon exposure, the defendant shall compensate the plaintiff for damages of KRW 100 million.

5. The defendant does not raise any civil or criminal objection against the plaintiff's present place of business on the 6 and 3th floor of the Cheongdong-gu Seoul Metropolitan City 492 Cheongdong-dong 492.

B. On March 29, 2013, the Plaintiff transferred KRW 14 million to the account under the name of a stock company B.

C. On June 11, 2015, the Defendant appeared as a witness at the fourth date of pleading on the claim for the price of goods filed by D against the Plaintiff, etc. (Cheongju District Court 2014Da162359, hereinafter “instant case”), and from the presiding judge.

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