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(영문) 광주지방법원 2015.12.17 2013가합11272
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s purchase of cosmetics, etc. 1) On May 6, 2013, the Plaintiff called COSDDF (hereinafter “COS”)

) After purchasing cosmetics equivalent to KRW 194,780,781 from 194,781, it is called the Kimpo Logistics Complex in Kimpo-si, Kimpo-si, Kimpo-si (hereinafter referred to as "Mapo-si Logistics Complex").

) The delivery was made (hereinafter “the primary goods of this case”)

(2) On June 24, 2013, the Plaintiff purchased a cosmetic equivalent to KRW 186,571,440 from COSF and had COS deliver the said cosmetic to the said Kimpo warehouse.

(hereinafter “instant secondary goods”). B.

1) On September 9, 2013, the Plaintiff: (a) filed a criminal case against the Defendants on September 9, 2013; and (b) filed a claim against the Defendants for trade in cosmetics; and (c) filed a claim against the Defendants for payment of the price of cosmetics, but did not have the intent or ability

(2) On June 30, 2013, by misrepresenting the Plaintiff as a staff member, the Plaintiff acquired from the Plaintiff a total sum of KRW 665,352,221 of LG specialty cosmetics in the amount of KRW 284 million, and Defendant A filed a complaint with the purport that he/she exported and embezzled the instant secondary cosmetics to China without paying the price for the goods of the instant secondary cosmetics to the Plaintiff. (2) On April 30, 2015, the Incheon District Prosecutors’ Office filed a complaint with the Plaintiff to the effect that: (a) on the charge of fraud and embezzlement of Defendant A under Article 2042 of the Incheon District Prosecutors’ Office, the date of payment for the goods and whether to issue a payment guarantee letter in the export contract between the Plaintiff and D, and there was no evidence to acknowledge the criminal intent of fraud and embezzlement (Evidence).

3 The Incheon District Public Prosecutor's Office was against Defendant B's suspicion of fraud on April 30, 2015, by the punishment No. 2042 on April 30, 2015, and Defendant B traded cosmetics with the Plaintiff.

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