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(영문) 서울중앙지방법원 2015.02.10 2013가단5008222
손해배상(기)
Text

1. The Defendant’s KRW 65,416,962 as well as the Plaintiff’s KRW 5% per annum from August 15, 2012 to January 29, 2013.

Reasons

1. Facts of recognition;

A. C transferred USD 4,343 to the Defendant’s account on July 23, 2012

(hereinafter “the primary remittance of this case”). B.

C on August 14, 2012, remitted USD 72,150 (Korean Won 65,416,962) to the Defendant’s same account.

(hereinafter referred to as “the second remittance”). C.

On August 2, 2012, the Plaintiff and the Defendant signed the “Agreement on Exclusive Sales”. The Defendant signed D’s representative and the Plaintiff was eligible as E’s manager.

The contract was signed with F, the head office other than the above two companies, but there was no signature.

(hereinafter referred to as “the instant Korean branch offices”) d.

D was established on August 13, 2012, after the instant Korean branch office, after the instant contract was concluded, and was drafted as of July 4, 2012 with F, the exclusive sales contract with F, the head office.

E. After that, around September 2012, a contract was terminated with the F German head office and D Limited Liability Company. The Plaintiff directly concluded a contract with the German head office, and around that time, the relationship between the Plaintiff and the Defendant under the contract with the instant branch office was terminated.

F. In relation to the Plaintiff’s payment of the first remittance of this case, the second remittance of this case, and the second remittance of 22 million won, the Seoul Central District Prosecutors’ Office (Seoul Central Prosecutors’ Office), on October 18, 2013, filed a complaint against the Defendant on suspicion of fraud (Evidence insufficient) against the Defendant.

The reason is that there is no evidence to prove that the amount of the first remittance in this case is the price for the goods containing fences, as alleged by the Plaintiff, and there was no fact that the Plaintiff resisted or urged the Defendant to supply the goods for a considerable period of time prior to the filing of the complaint even after the payment of the said amount. The amount of the second remittance in this case was the fact that the Defendant Company was unable to perform the terms and conditions of the contract on September 25, 2012 with the notification of termination of the contract from the German head office, and the payment of two million won or more was difficult to believe by C alone.

(g) C wishes to establish E as the Plaintiff and the Dong industry.

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