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(영문) 서울서부지방법원 2019.11.12 2018가단231379
물품대금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 59,50,000 and Defendant B with respect thereto from November 22, 2018, and Defendant C with respect thereto.

Reasons

1. Basic facts

A. Defendant B, the police officer of the Seodaemun Police Station in Seoul, proposed that he could supply a Magascar to E who was known through D in April, 2017, and that he could supply a Magascar to E, and Party B introduced the Plaintiff engaging in fishery products distribution business to Defendant B.

B. Around April 20, 2017, Defendant B, E, D, and Plaintiff confirmed the niver sample produced by Defendant C in the vicinity of the Seodaemun Police Station. Around that time, Defendant C discussed the business plan to import freezings and mascact from Magascars through Defendant C several times, and D was partly involved in the Mascact imports, and it did not participate in particular since May 2017.

C. Defendant B, E, and the Plaintiff first received a container for freezing freezing and agreed to invite investors. Defendant B requested that the Plaintiff pay the said amount to the Plaintiff, and the Plaintiff sent the said amount to Defendant B’s account as follows: (a) KRW 23 million on May 29, 2017; (b) KRW 5 million on June 2, 2017; (c) KRW 12 million on June 7, 2017; and (d) KRW 43 million on July 24, 2017; and (b) transferred said amount to Defendant B’s ancillary F’s account or to Defendant B’s account designated by Defendant B.

However, Defendant C did not send a balance over October 2017 to Defendant C, and the Plaintiff demanded Defendant C to prepare a written contract through Defendant B.

Accordingly, Defendant C sent to the Plaintiff a goods transaction contract stating that “The 15 million won out of the remainder except for the amount of KRW 43 million deposited in advance shall be paid not later than 10 days prior to the shipment, and the freezing shall be paid the remainder of KRW 14.8 million after arrival at the port of Busan” (hereinafter “instant contract”).

E. Defendant B requested the Plaintiff to transfer the additional amount to a passbook in the name of F. The Plaintiff is KRW 15 million on October 12, 2017, and KRW 15 million on July 24, 2017.

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