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(영문) 광주지방법원 2015.06.30 2015가단8693
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 20, 2012, the Plaintiff’s assertion and C concluded a contract with C on May 30, 2012 to purchase a 150 million won in total with the 110 million won per network, and paid the said 150 million won in the account of C.

However, in fact C did not have the intent or ability to purchase the quantity for storage and transfer it to the Plaintiff.

Therefore, since the Defendant conspired with C to incur damages equivalent to the above amount, it is obligated to pay the damages for joint tort amounting to KRW 30 million, KRW 40 million, and KRW 70 million, as damages for business obstruction, as well as damages for delay.

2. We examine the judgment and find it not sufficient to acknowledge the plaintiff's assertion that the defendant conspireds with C that he acquired the proceeds of the chip trade from the plaintiff, and there is no other evidence to acknowledge it. Rather, according to the evidence No. 1, according to the facts stated in the evidence No. 1, the defendant is only aware of the facts that the defendant conspired with C on September 11, 2012 that he acquired the proceeds of the chip trade from the plaintiff, in collusion with C, with C, only the fact that he was subject to a disposition that he received the proceeds of 150 million won from the plaintiff. Thus, the above argument by the plaintiff is without merit.

3. Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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