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(영문) 광주지방법원 2015.05.22 2014나12443
손해배상
Text

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. Basic facts

A. The Plaintiff’s husband (“C”) operates D Company, and the Defendant runs the business of producing printed materials, etc. in the name of E Company.

B. C requested the Defendant to produce printed materials for use on July 11, 2013, and accordingly, C supplied printed materials to C, but C returned the printed materials to the Defendant on the ground that their sampling and color are different.

C. Accordingly, the Defendant filed a lawsuit against C seeking service costs of KRW 1.3 million for printed materials for exercise use as the Gwangju District Court Decision 2013 Ghana86945.

In the above lawsuit, C rendered a decision on performance recommendation to pay KRW 1.3 million to the Defendant, which became final and conclusive September 24, 2013.

(hereinafter referred to as “instant decision on performance recommendation”). D.

C The Defendant filed an application for an order to deliver a motor vehicle on November 22, 2013, and C filed a complaint against the Defendant as the Gwangju District Court 2013Kadan65241.

E. On January 8, 2014, C and the Defendant drafted a written agreement that “The instant case 2013 Ghana86945 service costs shall be deposited on January 6, 2014, and E companies (B) shall withdraw the execution of the order for delivery of automobiles against the instant case. In addition, D companies (C) shall withdraw the instant lawsuit.”

(B) No. 7, hereinafter “this case’s agreement”). (f) C filed an objection to the foregoing claim, and the Defendant voluntarily withdrawn the application for an order to deliver the motor vehicle.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 4, 5, and 7, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant prepared a false document as if he were supplied without delivering goods to the plaintiff, and received the decision of performance recommendation of the case and seized the plaintiff's vehicle, and committed a tort such as receiving money from the plaintiff for the withdrawal of the lawsuit.

The defendant's above illegal acts.

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