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(영문) 서울고등법원 2015.11.11 2015나15759
매매대금 등
Text

1. The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff, a corporation established for the purpose of manufacturing and selling industrial water purifiers and written instruments, etc., supplied a pen to the Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant of the first instance trial (hereinafter “A”) from May 2006 to August 2013.

B. The defendant is A's internal director.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Claim for damages caused by tort;

A. The Plaintiff’s assertion 1) The Defendant spreads false information that the Plaintiff supplied to the Plaintiff’s trader, etc., and supplied the Plaintiff’s intermediate domestic pen as a U.S. pen. 2) The Defendant, as a person in charge of the Plaintiff’s practice, participated in the preparation of a report stating the false statement that “the Plaintiff detected excessive salt in the pen supplied by the Plaintiff and caused defects in the goods it produces,” which was based on such false report, made A unilaterally stop transaction with the Plaintiff and refuse to pay the goods, and filed a claim against the Plaintiff for the payment of KRW 300 million amount against the Plaintiff at the first instance court of the lawsuit claiming damages against the Plaintiff. A filed a claim against the Plaintiff for damages against the Plaintiff due to the Plaintiff’s defect in the pen provided by the Plaintiff as the Suwon District Court 2014Ga236.

The court of the first instance accepted the plaintiff's main claim against A and dismissed the plaintiff's counterclaim against A, and the part concerning A of the judgment of the first instance was separated and finalized because A did not appeal against it.

3) As such, the Plaintiff suffered damages by the Defendant’s tort, and thus, the Defendant sought compensation for damages of KRW 10 million and damages for delay. B. 1) First, as to whether the Defendant spreads false facts to the Plaintiff’s trader, etc. as alleged by the Plaintiff, it was examined as to whether the Defendant spreads false facts to the Plaintiff’s trader, etc.

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