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(영문) 광주지방법원 2019.12.12 2019가합960
손해배상(기)
Text

1. The Defendant’s KRW 598,812,00 for the Plaintiff and 5% per annum from March 7, 2017 to May 29, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in rice distribution business with the trade name of “C” and the Defendant was engaged in rice distribution business with the trade name of “E” and “G” under the name of “C”.

B. Around June 20, 2016, the Defendant presented an order forged to the Plaintiff at the office G-based office of Gwangju Northern-gu H-gu, Gwangju, and received an order to supply 20 km 600 g above rice from J stores located in the (g) International Strategic Distribution Business Department. The above rice supply to B shall be deemed to have changed to KRW 7 million per month with profits every 45 days after the settlement of the price. On June 23, 2016, the Defendant presented a false statement to the Plaintiff as if he supplied 200 gg 600 g 600 g) of rice to the Plaintiff. However, despite the absence of a contract with the above J-gu, the Defendant did not receive an order from the Plaintiff by forging the name of J, and received an order to supply the rice by facsimile 20 g 600 g 600 g 700 g 200 g 600 g 200 g 2016.

(2) Around July 15, 2014, the Defendant concluded that “Around July 15, 2014, the Plaintiff, operated by the Plaintiff in Gwangju Northern-gu, supplied rice to the restaurant that he/she trades in the city,” and that “A rice will be supplied to the Plaintiff after 30 days from the prime place of delivery of rice.”

However, the defendant did not have the intention or ability to pay the price even if he received rice from the plaintiff.

As such, the Defendant deceivings the Plaintiff, and thereby, KRW 225,00 on the same day from the Plaintiff.

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