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(영문) 서울중앙지방법원 2019.06.27 2018가합555480
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the export of ships, automobiles, steel, machinery, etc.; C (D Co., Ltd.; hereinafter “instant company”) is a company engaged in import automobile parts export and import business and wholesale and retail business; Defendant and E are the representative director of each of the instant companies; and F is a company director of the instant company.

B. On May 15, 2015, the Plaintiff entered into a consignment contract with the instant company (hereinafter “instant consignment contract”) and agreed as follows.

Article 2 (Roles and Duties of Plaintiff)

1. The Plaintiff received orders from the instant company for motor vehicle and motor vehicle parts, and imported compliance and motor vehicle tubes parts produced by a foreign motor vehicle inspector.

Article 3 (Roles and Duties of Company in this case)

1. The instant company sells compliance and motor vehicle tubes imported by the Plaintiff to domestic consumers, and provides follow-up management services, such as A/S, for compliance and motor vehicle tubes products.

Article 5 (Payment of Price for Compacta and Piping Parts for Motor Vehicles)

2. (1) Payment of the price for the goods (1) The instant company pays 5% of the price for the goods to the Plaintiff as the down payment upon receipt of the order confirmation from the Plaintiff, and the balance shall be paid in cash when receiving documents necessary for the registration of compliance and compliance from the Plaintiff.

(2) The instant company, when the Plaintiff received the parts of the Tankd Motor Vehicle from the warehouse that has been kept by the Plaintiff, shall pay the prices for the parts of the Tankd Motor Vehicle in cash.

C. According to the instant consignment contract, the Plaintiff received orders from the instant company for compliance and the part of the tubes of motor vehicles (hereinafter “instant vehicle”) from the instant company, and imported beer 650 Scene vehicles (hereinafter “instant vehicle”) and delivered them to the instant company.

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