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(영문) 서울서부지방법원 2017.06.22 2016가합33189
손해배상(기)
Text

1. The Defendants jointly share KRW 827,205,00 with respect to the Plaintiff and the interest rate of KRW 827,205,00 from July 22, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the wholesale and retail business of household goods and computer peripheral devices, and Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company that runs the game development and distribution business, Defendant B is a person who is in the representative director of the Defendant Company since April 6, 2015, and Defendant C has exercised substantial management rights as an internal director of the Defendant Company.

B. The Plaintiff, via Defendant B and C, entered into a purchase contract with the Defendant Company to the effect that the Plaintiff would be supplied by the Defendant Company with the helpers or Blus Slus Slus.

1) On October 30, 2015, the Plaintiff: (a) from the Defendant Company, to November 17, 2015, to be supplied with KRW 11,000 per unit of the Shami (500mAh) 15,000, and deposited KRW 165,000 with the Defendant Company; (b) on October 30, 2015, to be supplied with KRW 15,000 with KRW 15,000 from the Defendant Company; (c) on November 30, 2015, the Plaintiff supplied KRW 50,000 from the Defendant Company’s subsidiary 50,000 from the Defendant Company (50mA) to KRW 10,50,000 per unit of the 10,500,000 per unit of the 10,500,000 won; and (d) did not supply only the remainder of KRW 165,015,3050.15.

3) On December 28, 2015, the Plaintiff: (a) from the Defendant Company to be supplied with KRW 10,000,000 per each unit of the Shari Sari (500mAh); (b) on December 30, 2015, the Defendant Company deposited KRW 50,000,000; (c) on January 4, 2016, the Plaintiff did not supply the aforementioned auxiliary sets; (d) on January 4, 2016, the Plaintiff supplied KRW 5,500 from the Defendant Company to KRW 42,50 per unit of the Chinese Shari Sari-type 5 Sari-type 5,00 products; and (e) the Defendant Company did not deposit KRW 212,50,00 per unit of the goods with KRW 50,000 on January 5, 2015.

C. Defendant Company shall be the Plaintiff on March 31, 2016.

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