logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.10.20 2016나2068992
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) The Plaintiff is a U.K. legal entity that runs a sports car sales business, etc., and A is a Korean legal entity that runs a vehicle export-import trade business, etc., and Defendant B is a representative director of Defendant A, and Defendant C is an auditor of the Republic of Korea. 2) A is a person who led the Plaintiff through A to sell a high-speed car as described in the following sub-paragraph (b). Defendant D becomes aware of E while trying to sell a vehicle through an Internet site on June 2014, while conducting the business of assisting the Plaintiff in each of the above transactions with the Plaintiff.

B. Upon entering into the instant sales contract and paying the Plaintiff’s down payment 1) E purchased 1 vehicle in the public sale procedure conducted by the Korea Deposit Insurance Corporation in Do resident savings bank, Do resident savings bank, and sold it to the Plaintiff via A around October 2014. Defendant D performed auxiliary duties, such as communication for the said transaction at the time. 2) On October 17, 2014, the Plaintiff again purchased 1 vehicle in 2006 additional Liberian 1 vehicle (hereinafter “instant vehicle”) where the Korea Deposit Insurance Corporation was proceeding for the public sale, and paid 120 million US dollars to A.

On October 20, 2014, A paid KRW 126 million, which is equivalent to the conversion amount of the said amount into won to E.

3) On October 20, 2014, the Plaintiff and A drafted a sales contract (Evidence 6 of the said transaction) with respect to the said transaction. The content of the contract is “The Plaintiff paid USD 120,000 to A on that day, and the remainder of USD 5,30,000 to A on November 17, 2014,” and A shall pay the remainder of KRW 5,330,000 to A during the public sale procedure run by the Korea Deposit Insurance Corporation up to that time, to deliver the remainder to the Plaintiff upon receipt and repayment of the remainder paid by the Plaintiff for the purchase of the instant car during the public sale procedure run by the Korea Deposit Insurance Corporation, but if A fails to perform its obligation

arrow