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(영문) 인천지방법원 2015.10.20 2015가단203102
손해배상(기)
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1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

On January 3, 2008, the Plaintiff purchased 10 bus vehicles from D Co., Ltd. (hereinafter referred to as “D”) with the NEW eropis (hereinafter referred to as “instant bus”).

Defendant B is the branch office of the D Incheon Bus, Defendant C was the vice head of the above Incheon Bus Branch, and Defendant C was directly in charge of the sales of the instant bus to the Plaintiff.

The Plaintiff and D set the vehicle price, reduction cost, subsidy, and delivery amount of the bus as KRW 98,636,363 per bus, which are anticipated from Incheon Metropolitan City to be paid 22,50,000 per bus with the subsidy of KRW 22,50,00 per bus.

The Defendants drafted the instant bus contract, stating in the column of the special article “to receive KRW 22,500,000 of the CNG subsidies from D as much as possible in cooperation with D.”

The plaintiff was delivered nine buses from February 27, 2008 to September 8, 2008.

However, only some of the instant buses were subsidized in KRW 18,500,000, and no subsidy was paid for the remaining buses. Ultimately, the Plaintiff and D could not receive KRW 135,000,000 of the subsidies anticipated to be paid by Incheon Metropolitan City.

The plaintiff paid to D the remaining bus price of KRW 135,00,000.

D On October 24, 2011, the Plaintiff and the Plaintiff’s representative director filed a lawsuit against the Plaintiff and the Plaintiff’s representative director seeking payment of KRW 135,00,000 of the unpaid amount of subsidies to the Seoul Central District Court 201Gahap1133.

The judgment in favor of D was rendered in the above lawsuit, and the conciliation was concluded in Seoul High Court 2012Na64255, which was the appellate court of the above lawsuit, that the Plaintiff and E jointly pay D KRW 70,000,000.

According to the above mediation decision, the Plaintiff shall pay D for KRW 20,000,000 on August 30, 2013, and KRW 20,000,000 on September 30, 2013, and KRW 30,00 on October 31, 2013.

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