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(영문) 울산지방법원 2017.08.31 2017가합243
손해배상(기)
Text

1. The Defendant’s KRW 1,095,998,435 as well as 5% per annum from July 15, 2014 to January 13, 2017 to the Plaintiff.

Reasons

In fact, the parties concerned are companies that carry on the manufacture and sale of automobile parts, and companies that provide end-of-life vehicles such as Hyundai Motor Vehicles, Abandoned Motor Vehicles, and Both motor vehicles after manufacturing automobile parts, such as EGR schoolers, which are exhaust gas relars used for automobile diesel engines.

On March 4, 2010, the Defendant is the representative director of C Co., Ltd. (hereinafter referred to as “C”), which runs the manufacturing business of automobile parts, etc., and concluded a contract for the supply of automobile parts with the Plaintiff and supplied the Plaintiff with parts necessary for the manufacturing of automobile parts, such as EGRr, etc. (hereinafter referred to as “instant parts”).

As a result of the relevant criminal judgment on August 28, 2015, the Defendant: (a) decided to pay money to the Plaintiff using the fact that “The Defendant would be liable for large amount of damages from the Plaintiff’s failure to supply the automobile parts to the completed vehicle business entity; (b) from July 2, 2014 to July 11, 2014, the Plaintiff’s president, etc. paid compensation for KRW 2,200,000 to D in trading with the Plaintiff; (c) otherwise, the Defendant filed a lawsuit with the Fair Trade Commission; (d) put the newspaper in a civil petition; (d) cut off the newspaper; and (e) by threatening the Plaintiff by suspending the delivery of the actual parts; and (e) dismissed the Defendant’s imprisonment with prison labor on July 15, 2014 to 200,000 won; and (e) decided 2615,261,261,25,200,000.”

As a result of the relevant civil judgment on December 31, 2014, C filed a lawsuit against the Plaintiff seeking the payment of the total amount of KRW 1,535,718,909, including the unpaid amount of goods, and the delayed payment thereof. The Plaintiff filed a claim against C for the damage claim of KRW 2,200,000,000.

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