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(영문) 수원지방법원안양지원 2016.07.22 2014가단109868
손해배상등
Text

1. Defendant B’s KRW 79,665,020 for the Plaintiff and KRW 20% per annum from August 5, 2014 to September 30, 2015.

Reasons

1. The following facts of basic facts may be admitted either as a dispute between the parties or as a whole by taking account of the overall purport of the pleadings in Gap evidence Nos. 1 and 2 (including paper numbers):

Defendant B is a representative in the business registration of “D” as a personal business chain that runs the wholesale and retail business, such as import completion equipment, books, etc., and Defendant C is the spouse of Defendant B, and the Plaintiff is a person who purchased imported infant bridge from D.

B. The Plaintiff and D’s imported young children transaction 1) around August 201, 201, the Plaintiff is an imported young children punch (MRPH UN; hereinafter “instant young children punch”).

A) During the process of identifying a company that intends to purchase B in wholesale, it became aware of the sales chain of the instant infant bridge through the Internet, and thereafter, between D and D around August 2011, the commodity transaction with respect to the instant infant bridge (hereinafter “instant commodity transaction”).

(2) The Plaintiff, first of all, ordered the necessary items and quantity of the instant infant bridge and deposited the price of the goods into D, the method of the instant goods transaction was conducted by importing the infant bridge ordered by D and supplying it to the Plaintiff.

2. Determination as to the claim against the defendant B

A. 1) The Plaintiff’s assertion as the party to the contract is the main point of the Plaintiff’s assertion. The Plaintiff, as the party to the contract, entered into the instant goods transaction agreement with Defendant C, the agent of Defendant B, and entered into the goods transaction. After settling the transaction details until January 15, 2014, the amount of the advance payment paid by the Plaintiff, which was paid by the Plaintiff, 86,165,020 won, including the amount of the corresponding infant bridge (the amount paid in excess of the advance payment). The Plaintiff received 6,50,000 won out of the said advance payment.

Therefore, Defendant B is a contracting party to the instant agreement for the supply of goods, and the account payable out of the aforementioned settlement amount is KRW 79,665,020 and this is related thereto.

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