(영문) 인천지방법원 2017.11.30 2016가단248485

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(영문) 인천지방법원 2017.11.30 2016가단248485

양수금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff C Co., Ltd. (hereinafter “C”) agreed to provide the Defendant with an exclusive license and provided outdoor softs and electric cars. After the Plaintiff succeeded to the status of the contracting party, the Defendant was obligated to pay KRW 5,836,00 to the Plaintiff for the installation and purchase cost of outdoor softs and electric cars, which are the estimated amount of compensation for damages incurred therefrom, as the Defendant was supplied with smuggling by a third party and did not perform its obligations.

B. The Defendant terminated the transaction with the Defendant C, and began the transaction with the D Company upon the request of C for the transaction with the D Company, and there was no talk about the transfer of rights with the D Company E (the husband of the Plaintiff representative director) and C at that time.

The plaintiff does not succeed to the contractual status of C, but the transaction was conducted separately at D's request.

2. Facts of recognition;

A. C On March 3, 2009, supplied tights to the Defendant (F: F) and applied at C’s selling price. However, the time when price adjustment is required according to the market situation and the Defendant’s transaction circumstances, the time determined by mutual agreement shall be the end of each month, and the time period shall be the same as the end of each month, and the contract was concluded as valid when there is no change in the content of agreement.

(hereinafter referred to as the “instant transaction agreement”). In addition, C concluded an agreement with the Defendant to set up outdoor lifts and all facilities on the same day and to provide the carrier with a 1.5 tons prior to operating vehicles (hereinafter “instant facilities, etc.”) for use (hereinafter “instant use agreement”), as follows:

Article 3 (Rights and Duties)

1. C shall exercise property rights and ownership of the instant facilities, etc.

2. The defendant has the right to use the facilities of this case.

8. The defendant bears the cost of installing and purchasing the instant facilities when destroying the contract with C or using other products.

Article 5 (Period of Use of Facilities and Transport Carriers)

1. The use period of the instant facilities, etc. was concluded between C and the Defendant.

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