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(영문) 서울중앙지방법원 2017.11.21 2017가단5107721 (1)
수표인도 청구의 소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a U.S. corporation around August 30, 2016

C. AINC. (hereinafter “Nonindicted Company”) entered into a contract for sales and consignment management of a game machine with the Plaintiff. If the Plaintiff purchases three game machine (11 million won per unit) from Nonparty Company, the said contract is based on which the Nonparty Company, the trustee, placed the said game machine in the U.S. local game machine business site, takes charge of its operation and management, and pays the Plaintiff a consignment management fee by settling accounts for monthly profits. The Plaintiff issued each check listed in the separate sheet (hereinafter “the instant check”).

B. However, the defendant's representative director and the vice president of Eul (a separate domestic corporation which is not a company outside Korea) who are joint operators of Eul and the vice president of Eul (a separate domestic corporation which is not a company outside Korea), the representative of the non-party company, and D's joint operators and directors of Eul who are joint operators of Eul (a) [E and F in collusion: (i) purchase of game machine and install it in the U.S. text company and pay money for investment in business overseas of D's game machine; and (ii) purchase of money to pay profits therefrom to many unspecified persons; and (iii) recruit members of D, by introducing other persons after becoming a sales salesperson of the above company and explaining that "if having them pay 110 million won, 10,000 won can receive sales allowances and sales subsidies, etc.; and (iv) receive money under the pretext of investment funds as stated in the above paragraph; and (iii) the defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on Sale and Sale of Goods).]

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