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(영문) 수원지방법원 안양지원 2018.07.05 2017가단10280
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 2, 2015, the Plaintiff entered into an agency contract with the Defendant for the sale of D, a motor vehicle product produced by the Defendant (hereinafter “instant product”), and prepared the attached Form “Entrusted Business Contract” (hereinafter “instant contract”).

[Ground for recognition] Unsatisfy, Gap evidence 1

2. Determination

A. According to Article 4 of the contract of this case, according to the purport of the plaintiff's assertion, the defendant guaranteed the plaintiff's business rights at Ansan-si, Sinpo-si, Sinpo-si.

However, the Defendant supplied the instant goods to E, a large enterprise that supplies automobile parts in the area where the Plaintiff’s goodwill is guaranteed.

Accordingly, the plaintiff suffered damages equivalent to KRW 50 million, and the defendant should pay the above amount and damages for delay to the plaintiff.

B. The evidence submitted by the Plaintiff or the result of an order issued to submit tax information to the Commissioner of the permissible tax office of this court is insufficient to acknowledge that the Defendant supplied the instant goods to E, and there is no other evidence to acknowledge it.

Therefore, we cannot accept the Plaintiff’s claim of this case premised on this premise.

3. The plaintiff's claim is dismissed.

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