logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.06.14 2016가단13337
손해배상등
Text

1. Defendant B shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from June 23, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On November 8, 2004, Defendant C entered into a contract with Defendant B to sell 1,000 units of the E C C C C’s charnel located in Chungcheongnam-gun, Chungcheongbuk-gun (hereinafter “instant charnel”) on behalf of Defendant B (hereinafter “instant sales agency contract”), and around that time, Defendant B selected 1,000 copies of the C’s private seal of the Defendant C’s private seal of the house (hereinafter “the instant charnel house”).

B. According to Article 5 of the sales agency contract of this case, the defendant B must pay the sales price to the defendant C within seven days after accepting the certificate of this case and selling it by proxy, and the defendant C shall pay the sales price to the defendant C, and upon receiving the sales price, the defendant C shall have the effect of the payment by affixing the official seal of the E, and the certificate of sealing without the above official seal shall not have the effect.

C. On February 4, 2005, the Defendants confirmed on February 4, 2005 that the instant sales agency contract was null and void because it did not perform the agreement, and that the letter 1,000 of the instant seal is null and void since it did not affix the seal as stated in the contract, and if the letter 1,000 of the instant seal document is entirely responsible for Defendant B at the time of distribution, the Defendants reversed the instant sales agency contract by preparing the contract cancellation document containing the purport that “......., the instant seal is entirely responsible for Defendant B at the time of distribution.”

After that, around August 1, 2005, Defendant B received KRW 135 million from the Plaintiff and F with the sale price of KRW 400,000,000 from the Plaintiff and F, issued 400,000 to the Plaintiff and F, and written a cash custody certificate (hereinafter “the cash custody certificate of this case”) containing the following contents.

Japan: 135 million won shall be kept in custody on the condition that 400 charnels Down-gun, Chungcheongnam-gun, Chungcheongnam-do, 2005 purchase the above amount, and the above amount shall be paid 400 won, but if it is not recognized as a normal certificate by August 15, 2005, it shall be paid the above amount and collected 400 won, which shall be collected.

arrow