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(영문) 대구지방법원김천지원 2019.07.24 2018가단3508
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C (hereinafter “Plaintiff”) changed its trade name to A on December 7, 2016, and prepared and submitted to D an “application for participation” while accepting the provisions for participation in the EXPO and the terms of the contract and concluding a contract in accordance with the “Guidance on Participation in the EXPO” of D Co., Ltd. (hereinafter “D”) (hereinafter “D”) on September 5, 2016.

B. According to the above instruction and participation rules, a certain/expenses are KRW 1,070,00 for a participating enterprise (4: 5 days) and a contract is concluded when the application and the application amount (20% of the expenses for participation) are paid to the Korean Secretariat in the EXPO (F Council and D). In accordance with the above participation regulations, the Plaintiff remitted KRW 2,140,000 to D on September 11, 2016, and transferred KRW 223,100 to D on October 5, 2016.

C. The Plaintiff and D sent the Plaintiff’s prior art products for the instant EXPO, and the Plaintiff failed to pass through the Chinese customs office, and was not displayed and sold in the instant EXPO.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 2, Eul evidence 2, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The gist of the assertion was that the Plaintiff paid KRW 2,363,100 to participate in the exhibition and sale of the instant EXPO, and the exhibition and sale of KRW 57,90,000 was sent out 50,000. The Plaintiff failed to pass through the customs of China, and the entire product was reverted to the National Treasury and disposed of due to D’s care care and care.

The defendant, as representative director of D, caused the loss to be disposed of by the plaintiff due to the tort, because it was possible to minimize the loss due to the recovery of the product at the time, constitutes an intentional tort. The defendant, as representative director, is jointly and severally liable to compensate the plaintiff for the loss amounting to 60,263,100 won (2,363,100 won).

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