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(영문) 부산지방법원 2016.01.20 2015가합40862
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 11, 2005, the Plaintiff (formerly changed: Sungwon Trade Co., Ltd.) acquired all of the shares of the Defendant’s previous business status related to the order and delivery of Dap New Stock Co., Ltd. (hereinafter “the instant money”) from the Defendant’s affiliate company to the Plaintiff at KRW 610,000,000,000 for the local corporation of Ro T&C (hereinafter “T &C”). On the same day, the Defendant agreed that the Plaintiff will acquire all shares of the Plaintiff at KRW 2,00,000,000 for the local corporation of Map LLC Co., Ltd. (hereinafter “the instant money”). At the time, the Defendant acquired the entire amount of the Defendant’s previous business status related to Map New Stock Co., Ltd.’s order and delivery of Rop New Stock Co., Ltd. (hereinafter “OEM”).

(hereinafter “instant agreement”)

B. After that, the Plaintiff produced hyp dyp dyp dye ordered by the Defendant and supplied it to the Defendant on July 12, 2013.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 3, 4, and 12, and the purport of the whole pleading

2. The plaintiff's assertion

A. The Defendant did not implement the agreement to supplement the shortage of 150,000 parts per month in the amount of Addices to the amount of 150,000 parts per month, which the Defendant ordered the Plaintiff the entire dices volume ordered by the Defendant to the Plaintiff.

In addition, the defendant requested the plaintiff to fail to repay intentionally and caused the plaintiff to go bankrupt.

B. Due to the Defendant’s nonperformance or tort as above, the Plaintiff suffered from business losses equivalent to KRW 5,051,00,000, and KRW 2,200,000,000, which are the acquisition amount of the instant case (i.e., USD 2,00,000 x USD 1,100). As such, the Defendant is obligated to pay the Plaintiff the said KRW 7,251,00,000 as damages.

C. On the other hand, the Defendant’s bill is the Plaintiff’s price for the goods with respect to lap.

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