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(영문) 수원지방법원 안양지원 2017.01.26 2015가단112861
손해배상(기)
Text

1. The defendant shall pay 153,640,600 won to the plaintiff and 15% per annum from March 1, 2016 to the day of full payment.

Reasons

In fact, the Plaintiff is a company that engages in the wholesale business of alcoholic beverages, and the Defendant served as the Plaintiff’s business member from August 1, 201 to March 4, 2013.

The Defendant, on February 2, 2013, was ordered to receive alcoholic beverages from the Category B, C, D, and E (hereinafter “instant 4 business establishments”), but the Defendant, by deceiving the Plaintiff to have received a total of KRW 153,640,600 (hereinafter “instant alcoholic beverages”), and did not deliver the instant 4 business establishments.

37,519,700 won in total and 6,900 won in cash payment and in substitution (displace for container and empty disease). The amount calculated by subtracting 61,000 won in cash payment from 37,451,800 won in total and 37,451,800 won in case of alcoholic beverages released with B main points on February 2, 2013.

Cju 38,729,600 D 18,729,600 D 700 D 700 D 12, and there is no dispute over 38,729,60 E 29,60 E 153,640,600 B 153,640 [Grounds for Recognition], Gap-5, 8-15, 21, 222 (including D 153,640), and the ground for filing a claim for the determination of the purport of the entire pleadings, the defendant was released from the liquor of this case totaling KRW 153,640,60,00, and the plaintiff suffered damages equivalent to the above liquor price, and the defendant is obligated to pay damages to the plaintiff with the annual interest rate of KRW 153,640,60,00 and damages for delay calculated by the plaintiff as to the delivery of the complaint of this case from 315% to 2016.

The defendant's assertion that the defendant did not deliver alcoholic beverages of this case, but in full view of the following circumstances, the defendant's assertion that the above alcoholic beverages were shipped out cannot be accepted.

The process until the plaintiff's business members release alcoholic beverages to the customer is as follows.

(No dispute exists, No. 3-2, and the purport of the whole pleadings).

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