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1. Of the judgment of the court of first instance, the defendant (Counterclaim) who exceeds the following amount ordered to pay the principal lawsuit.
Reasons
1. Basic facts
A. The Plaintiff is a foreign corporation established in Hong Kong by the Plaintiff Co., Ltd. (hereinafter referred to as “C”) for brokerage trade between multi-party corporations, and the Defendant is the representative of D (hereinafter referred to as “D”) and limited liability corporation E Co., Ltd. (hereinafter referred to as “E”).
B. Around 2015, the Plaintiff requested from the F (hereinafter “F”) to supply raw materials to the Vietnam factory, and around February 24, 2016, the Plaintiff asserted to the effect that the other party to the order is D through the statement in the preparatory documents as of December 4, 2017 from the date of the first instance trial on the date of pleading of the court of first instance.
However, the plaintiff thereafter testified on the premise that the other party to the order is the defendant, and since directors of D are only the defendant, even though D has engaged in the original transaction in the name of D, considering the necessity of the single-time resolution of disputes, the other party to the order shall be deemed the defendant.
Around April 22, 2016, the order was issued in an amount equivalent to USD 116,206, USD 273,084.10 (US$ 2.35,000). Around April 22, 2016, the order was changed to USD 170,412, US$ 418,413.72 ( US$ 2.4 or 2.46/00). Around May 13, 2016, the order was added to USD 5,50, US$ 14,430 ( US$ 2.60/00) (US$ 7, 2016).
C. The Defendant entered into an export cargo transport agency contract with H Limited Corporation (H; hereinafter “H”) which is a subsidiary of G Co., Ltd. (hereinafter “G”) in the name of E, and supplied the original unit to F’s Vietnam factory using H’s vessel from May 9, 2016 to June 8, 2016. The quantity and amount of the original unit actually supplied by the Defendant are as follows:
No. 1 No. 2016-05-08 26,262.90,606.732 2016-05-117,649.62,649.62, 359.09 32016-05-11, 956.02, 485.60 2016-05.60 42016-05.13,636.30, 42016-05-13, 636.30, 410.425 2016-05-18, 759.