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(영문) 대전지방법원 2016.11.04 2015가합104415
손해배상(기)
Text

1. The Defendants are jointly and severally liable for nonperformance and tort as shown below.

Reasons

Facts of recognition

both the Plaintiff, Defendant B, and Defendant C are those who wholesale or intermediate cosmetics.

On May 27, 2015, the Plaintiff purchased KRW 15,000 in total at KRW 465,750,00,00, which is a cosmetic from Defendant B and Defendant C (hereinafter “instant cosmetic”).

The Plaintiff reselled the instant cosmetics to E, a Chinese exporter, E (hereinafter referred to as “E”).

With respect to such a sale, Defendant D received an amount equivalent to the above sales amount from his own account upon Defendant B’s request and issued a tax invoice to E using the name of the “F” place of business operated by himself.

Since then, this case's cosmetic is a fake cosmetic.

Accordingly, on July 16, 2015, the Plaintiff prepared a letter of commitment stating that “I will make the instant cosmetics known as fake, and will be held liable for civil and criminal liability if I will not process the compensation and return of the cosmetics.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 7 through 10 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2, the result of the self-examination of the plaintiff and defendant C, the overall purport of the arguments, the grounds for the claim for damages against the defendant Eul, the whole purport of the arguments, and the facts of recognition as mentioned above. According to the above facts, the defendant B and the defendant C sold fake cosmetics in violation of this provision, although they have a duty to supply the plaintiff, the buyer, with a complete sale object (cosmetic) without defects.

Therefore, the above defendants are jointly and severally (or jointly and severally) and severally liable for damages of KRW 465,750,000, which is equivalent to the purchase price of this case suffered by the plaintiff due to default or tort, and that of this case.

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