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(영문) 서울서부지방법원 2016.11.10 2015가합37269
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A runs wholesale and retail business, such as scrap iron, with the trade name of “E,” and Plaintiff B runs wholesale and retail business, such as scrap iron, with the trade name of “F.”

Defendant C engages in wholesale business, such as scrap iron, with the trade name of “G,” and Defendant D engages in wholesale and retail business, such as removal business and construction materials, with the trade name of “H.”

B. On December 11, 2012, Defendant C entered into a sales contract with I Co., Ltd. (hereinafter “I”) to purchase KRW 743,200,000 (excluding value-added tax; hereinafter the same shall apply) of scrap metal 1,072 to be generated in the course of removing I Ulsan Factory.

C. On February 12, 2013, Plaintiff A entered into a sales contract with Defendant D on KRW 350,000 in advance for the purchase of scrap metal, waste electric wires, and work iron in the pertinent Ulsan Factory. At that time, Defendant D decided to succeed to KRW 150,000 in advance for the scrap metal deposited by Plaintiff A to two others.

Accordingly, on February 13, 2013, Plaintiff A paid KRW 200 million to Defendant D.

After that, on March 25, 2013, Plaintiff A additionally remitted KRW 50 million to Defendant D’s account. D.

Plaintiff

B On February 28, 2013, it concluded a sales contract with Defendant D to purchase 3,600 won per km land in the aforesaid Ulsan Factory.

In the above sales contract, it is stated that Defendant D received KRW 100 million from Plaintiff B.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, 4 through 9, 11, Eul evidence 1-1, and the purport of the whole pleadings

2. The plaintiffs' damages claim due to the plaintiffs' non-performance of obligation to defendant C

A. On December 8, 2012, Defendant C delegated the entirety of the power to sell scrap metal arising from the foregoing factory to Defendant D, and the Plaintiffs concluded a sales contract with Defendant D delegated by Defendant C on the said scrap metal.

However, the plaintiff A only part of scrap metal, waste cable, and work iron at the site of this case.

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