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(영문) 부산지방법원 2019.06.13 2018가단309183
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion and judgment

A. (1) The Defendants, as the former and present representative directors of F Co., Ltd. (hereinafter “F”), who manufacture food treatment equipment between the father and vice versa, established a corporation selling food treatment equipment produced in F to the Plaintiffs, and established G Co., Ltd. (hereinafter “G”) on December 26, 2013.

(2) The Plaintiffs established G and recruited nationwide branch offices and agencies to sell food treatment equipment produced in F. The Defendants established a separate food treatment equipment manufacturing company (hereinafter “H”) on August 18, 2014 with a view to cutting down the existing debt of F and sales contract with G operated by the Plaintiffs, and intentionally closing the F around December 2014.

(3) Since then, the Defendants sold the same food treatment equipment as the previous food treatment equipment through H, supplied defective products to the Plaintiffs, and in the past, the Defendants did not properly perform their duty to A/S of food treatment equipment supplied to the Plaintiffs.

(4) Due to such Defendants’ act, the Plaintiffs caused damages, such as ① KRW 24 million, the agreed amount to be paid KRW 4 million per month as business subsidies when the Defendants established a sales corporation, ② KRW 5275 million, ③ from August 2014 to December 2014, when the Defendants had no intent or ability to perform the terms and conditions of A/S free of charge for one year, and supplied food treatment equipment to G and acquired by deceiving the Defendants without any intention or capacity to perform the terms and conditions of A/S, ④ KRW 113,651,40, ④ the Defendants closed the F factory and did not contact, thereby causing damages to the Plaintiffs, such as food treatment equipment A/S treatment equipment, agent, and sales corporation operating expenses, KRW 350,752,500,000, which is part of them, and delay damages.

B. The witness I’s testimony as shown in the plaintiffs’ assertion is difficult to believe, and the witness I’s testimony is included in Gap evidence 1 through 5 (including paper numbers).

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