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(영문) 춘천지방법원 강릉지원 2018.06.05 2017가합30517
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. 1) On October 31, 2012, the Plaintiff entered into a part supply contract with D (English name E) with the content that the term of contract is from November 201, 2012 to August 2013, 2013, the Plaintiff is to exclusively supply MLCC (LCC) that is a mobile phone chip supplied to D to the Plaintiff by F plant (hereinafter “instant supply contract”).

(2) Defendant B is the representative director of Corporation D.

3) Defendant C was an intermediary for the instant supply contract. (B) On October 11, 2013, the Plaintiff transferred USD 165,436 to an enterprise bank account under the name of G company, and USD 103,245 to Defendant C’s account.

2) On October 18, 2013, the Plaintiff wired USD 150,00 to the account under the name of D Co., Ltd., and USD 385,320 to November 12, 2013, and USD 520,00 to December 24, 2013. (3) On December 24, 2013, the Plaintiff wired USD 46,05 to the H account under the name of D, a shareholder of D Co., Ltd.

[Ground of recognition] The fact that there is no dispute, Gap's 3 through 8, Eul's 2, the purport of the whole pleadings and arguments

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion on the claim for damages caused by a tort is that the Defendants, even though they did not have the intent or ability to normally supply MLCC gold chips to the Plaintiff, have the Plaintiff enter into the instant supply contract using the circumstance that the Plaintiff was not well aware of the Korean electronic parts market, and have the Plaintiff paid additional money to the Plaintiff for the supply of defective goods that most are impossible to be used or in a stable manner. As such, the Defendants deceiving the Plaintiff to receive the cost of parts from the Plaintiff by deceiving the Plaintiff. As such, among the money transferred on October 11, 2013 by the Plaintiff and the Defendants, 90,397 US$ 150, remitted on October 18, 2013, which was the damage suffered by the Plaintiff due to the above tort, among the money transferred on October 11, 2013.

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