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(영문) 서울북부지방법원 2015.01.16 2013가단47344
물품대금
Text

1. The Defendant’s KRW 58,00,000 and the following day to the Plaintiff shall be 5% per annum from January 1, 2011 to January 7, 2014.

Reasons

1. Basic facts

A. On October 10, 2010, the Defendant: (a) received a total of 300 km for New Zealand Green Co., Ltd. (hereinafter “this case’s green”) from the main harbor located in the Republic of China, and sent it to E, who is an employee of D in the Chinese Cheongdo Port, using the airport home line.

B. E promised to the Defendant to transport the melting of this case to Korea through the Bolisa, but this was set up and locked with the melting melting of this case.

C. Based on October 2010, the market price of the Green in this case was KRW 58 million.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 2-1, Gap evidence 3-4, Eul evidence 1-2, Eul evidence 1-8, the purport of whole pleadings and arguments

2. The parties' assertion

A. The plaintiff asserts that the defendant is liable to pay to the plaintiff the amount of KRW 58 million at the market price of the green in this case and its delay damages, since the defendant lost the green in this case and did not pay the debt.

B. The defendant asserts that there was no transportation contract between the plaintiff and the plaintiff, and that if there is a person who is a logistics from the plaintiff, the plaintiff was introduced and requested to introduce E as an employee of D.

3. Determination

A. In full view of the statements in Gap evidence 2-1, Eul evidence 1-1, Eul evidence 8, and 14, the plaintiff at the time of 2010, the plaintiff was a green processing factory in Jung-si in China, the defendant was well aware of the golf, the defendant was aware of Eul through the introduction, but the plaintiff did not directly introduce Eul or Eul, the plaintiff was unaware of Eul or Eul, and the plaintiff intended to transport the instant green products to Korea for 40,000 won per kg.

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