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(영문) 청주지방법원 2018.04.18 2017나16519
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Judgment on the plaintiff's claim for the amount of takeover

A. 1 Determination as to the cause of the claim

(2) Around July 24, 2013, the Plaintiff requested the Defendant to import the freezing fishery products for feed at the feed farm and paid KRW 5 million with the deposit. On January 4, 2014, the Plaintiff received the claim for the return of the deposit from the deceased, delegated with the authority to notify the Defendant on December 28, 2016, and sent a peremptory notice that contains the conclusion of the contract for the transfer of the credit, and the above peremptory notice was delivered to the Defendant. Meanwhile, on January 11, 2014, the Deceased’s death is recognized by the following: (a) the Plaintiff did not conflict between the parties; (b) the evidence Nos. 4 and 5 (including the serial number) and the evidence No. 1-1 and the purport of the entire pleadings. Thus, barring any special circumstance, the Plaintiff asserts that the import agency contract between the Defendant and the Deceased terminated due to the death of the Deceased; and (c) the Plaintiff is obligated to pay KRW 200 million for the transfer of the deposit to the Defendant at KRW 21.21 million.

Therefore, first of all, the deceased's prior payment of KRW 20 million to the defendant for the import of two containers of fishing ground supply feed and the evidence submitted by the plaintiff is insufficient to recognize it, and there is no other evidence to recognize it. Thus, this part of the plaintiff's assertion on a different premise is without merit without further determination.

B. On October 29, 2013, the Defendant determined the Defendant’s defenses amounting to KRW 30 million to the Deceased.

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