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(영문) 서울중앙지방법원 2016.02.02 2013가합565505
손해배상 등
Text

1. The Defendants jointly share the Plaintiff KRW 291,682,117 as well as 5% per annum from August 18, 2012 to February 2, 2016.

Reasons

1. Basic facts

A. The status of the parties and the structure of the instant transaction (1) is a domestic company established for the purpose of the steel product sales and trade business, and Defendant B (hereinafter “Defendant B”) is a trade company, and Defendant C is an executive director of Defendant B, and Defendant W is a marine transport brokerage company (hereinafter “Defendant Sea Pitter”).

(2) A corporation D (hereinafter “D”) imported scrap metal from a Japanese company (hereinafter “Japan”) and requested and consented to trade in brokerage to sell it again to D. However, since Defendant B and D are both domestic corporations, it is impossible to trade by credit, and thus, Defendant B included ECO. LTR (hereinafter “E”) as a local corporation in Vietnam, and upon the issuance of a letter of credit made by D with E as its beneficiary, it transferred the letter of credit to Defendant B and Defendant B imported scrap metal from Japan and supplied D with scrap metal.

(3) When introducing the above transaction to the Plaintiff, Defendant B introduced the letter of credit to the Plaintiff, proposed that the Plaintiff engage in the transaction after importing scrap metal through Defendant B, and that the Plaintiff consented to the transaction.

B. The Plaintiff’s L/C issuance and transfer (1) concluded a sales contract between D and D on November 10, 201 and November 21, 201 for steel scrap (SETL SCRP).

(2) On November 30, 201, the Plaintiff: (a) submitted a sales contract on November 22, 2011 with the purport that the Plaintiff imports scrap metal 2,500M from E to a new bank, a domestic corporation (hereinafter “new bank”); (b) requested the issuance of the letter of credit; and (c) the new bank issued the letter of credit with the beneficiary’s price of 87,125,000N.

(3) The Plaintiff around December 9, 201.

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