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Reasons
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(영문) 서울동부지방법원 2016.08.11 2015가합103249
손해배상(기)
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an organization established under the Korean Veterans Association Act, and Defendant C (hereinafter “Defendant C”) is a corporation established for the purpose of international exchange and travel business at home and abroad. Defendant C is the representative director of Defendant C (Defendant C was dissolved on December 3, 2012, and the representative liquidator).

B. On December 22, 2010, the Plaintiff and Defendant C concluded a contract under which the Plaintiff would purchase resources and sell them to the importing company as the broker of Defendant C (hereinafter “instant contract”).

The relevant contents of the instant contract are as follows.

Article 1(Definitions)(Definitions) The term "purchaser" in this Agreement means an importer which purchases "subject matter" of the supplier.

1.2The term "sales contract" in this Agreement means a contract entered into between the Plaintiff and the buyer in order to purchase the "subject matter" and sell them to the "Buyer".

1.3 The term "objects" in this Agreement means the resources "B" purchased from the Supplier and sold to the Supplier "." The term "resources" in this Agreement shall be limited to underground resources. The term "supplier" in this Agreement shall be limited to underground resources. The term "objects" in this Agreement shall mean the enterprise which produces and supplies the "objects" in accordance with a contract with the Plaintiff by the broker of Defendant C.

Article 2 (Trade Roles and Duties) 2.1 The Plaintiff shall perform the following obligations:

2.1.1to establish the Agency for the Implementation of this Project;

2.1.2 It shall grant to Defendant A such positions and conditions as may be required for the performance of its functions.

2.1.3to implement the terms and conditions of a sales contract, such as payments (L/C establishment) to the Supplier and down payments and performance guarantees to the Supplier;

2.1.4to enter into a sales contract for a purchaser and a supplier with the assistance of Defendant C as the contractor;

2.2 The obligations of Defendant C shall be as follows:

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