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(영문) 수원지방법원 2019.11.29 2018가단28767
손해배상 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The Defendant is a wholesale market corporation that lists and sells fishery products upon designation from D institutions.

B. The Defendant entered into an agreement with E, F, and G (hereinafter collectively referred to as “Nonindicted Company”) on trade participants or intermediary wholesalers with the content that the Nonparty Company would participate in the listing sale in the public water market conducted by the Defendant.

C. The non-party company entered into an agreement with the Plaintiff again with the content that the non-party company was entrusted by the non-party company to keep the private goods market supplied by the Defendant through the above trade participant or intermediary wholesaler transaction agreement, and to supply the goods to the non-party company upon the order of H, the exclusive sales customer corporation designated by the non-party company.

However, the defendant filed a claim for the payment from the non-party company due to the non-party company.

E. Therefore, the defendant is liable to compensate for damages suffered by the plaintiff.

2. Each statement in Gap evidence Nos. 1 and 4 alone is hard to find the fact that the defendant arbitrarily claimed the price for the civilian goods held by the non-party company that was not ordered by the non-party company, and there is no other evidence to find that the plaintiff suffered any loss, and there is no other evidence to find otherwise.

Therefore, the plaintiff's assertion is not accepted.

3. In conclusion, the claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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