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(영문) 서울중앙지방법원 2016.10.21 2015가합532479
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact that the counterclaim Defendant, a listed corporation of approximately KRW 19.3 billion in capital operating the basic fact-based collective meal service business, food processing and sale business, etc., sold approximately KRW 2.5 billion in freezing 578 tons, which he purchased from another business partner and kept in custody from the other business partner, around October 201 to October 11, 2012 (hereinafter “instant sales contract”). There is no dispute between the parties concerned.

2. The instant sales contract’s assertion by the Counterclaim Plaintiff was concluded with the content that the Counterclaim Plaintiff purchased and disposed of the above misunderstanding loans, the distribution period of which is imminent from the Counterclaim Defendant, but the fishery products processed products are guaranteed the right of delivery amounting to KRW 70 million per month as compensation for losses incurred therefrom.

However, as the counterclaim Defendant did not comply with the agreement to compensate for the loss, the counterclaim Defendant is liable to compensate the counterclaim for the loss, on the ground that the sales loss totaling KRW 829,609,592, and KRW 1,256,221,104, as stated in the attached list, as shown in the attached list, incurred loss in totaling KRW 426,61,512, and loss in disposal.

3. Determination

A. If Eul evidence 5-2, Eul evidence 6-2, Eul evidence 6-2, and testimony of witnesses B and C showed the overall purport of the pleadings, the Counterclaim Plaintiff paid the defendant 2,50 metric tons of the above 5-2,502,373,00 won to the defendant 30 metric tons of the above 1,016,121,60 won on October 31, 2012, and 1,264,709,000 won on November 30, 301 of the same year, and 2,502,373,080 won on January 3, 2013, and the fact that the Lessee actually received the above 20-7,50 metric tons of the above Counterclaim amount from the defendant 2,507,577,577,000 tons of the above Counterclaim amount to the defendant 30-7,577,577,000 tons of domestic products.

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