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(영문) 서울남부지방법원 2015.10.23 2014가합8845
손해배상 등
Text

1. The Defendant’s KRW 38,500,000 for the Plaintiff and the following: 5% per annum from July 26, 2014 to October 23, 2015.

Reasons

1. Basic facts

A. On June 21, 2012, the Defendant, who is the actual operator of “B”, a gold-type manufacturer, concluded a gold-type contract to produce and deliver KRW 45,320,000 for the CRNOS gold type (hereinafter “instant gold type”) requested by ABT with ABT (hereinafter “AB”), which is a gold-type manufacturer.

Around the end of 2012, the Defendant completed the production of the instant gold sheet, and received KRW 45,320,000 from ABT, and did not deliver the instant gold sheet to ABT.

B. On January 24, 2013, the Plaintiff (the name of the Plaintiff was changed to the current name on July 26, 2013) entered into an gold sale contract with ABT with the content that it would purchase the instant gold model at KRW 38,50,000 (including value-added tax) and paid KRW 38,500,000 to ABT on the same day.

C. On February 1, 2013, the Plaintiff and the Defendant entered into a loan agreement for use with the following content as to the gold of this case.

(hereinafter “instant loan for use”). (1) Article 1 (Scope of Terms and Conditions of the loan for use) (1) of the instant loan for use owned by the Plaintiff (hereinafter “instant loan for use”). The Defendant is fully responsible for the management and preservation of the gold punishment during the lending period.

Article 2 (Term of Validity) The term of validity of this Agreement shall be one year from the date of the conclusion of this Agreement.

Provided, That if there is no written notice of cancellation from the plaintiff and the defendant one month prior to the expiration of the above term of validity, it shall be automatically renewed each year on the same period and condition, and the scope of the applicable penalty shall be based on the gold storage certificate finally confirmed and sealed by the defendant.

Article 3 (Management of Penalties) (5) The defendant shall immediately perform his/her duty of gold movement for the evaluation of the plaintiff's assets.

Article 4 (Liability of Defendant) (1)

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