logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.02.12 2019나2024702
원상회복 청구 및 손해배상 청구의 소
Text

1. The plaintiffs' appeal and the plaintiffs' claims expanded by this court are all dismissed.

2...

Reasons

Basic Facts

The reasons stated in this part are as follows: “Plaintiff” in Section 12 of Section 4 of the judgment of the court of first instance shall be “Plaintiff A”; “Defendant B” in Section 15 of the same section shall be deemed as “Plaintiff B,” and it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except where “Plaintiff B” is deemed as “Plaintiff B.”

The plaintiffs' assertion

A. The purpose of the instant contract is to allow the use of the instant medical device on the part of Kuwait, and for this purpose, the instant contract must be permitted to use by providing customs clearance documents to the Public Health Department of Kuwait.

It was also known to the defendant that such permission for use is necessary.

Therefore, the Defendant, who entrusted F with the instant medical device, should have provided customs documents on the instant medical device so that he/she can obtain permission from the Kuwait Health Department.

However, the defendant did not provide these customs clearance documents.

B. This constitutes a breach of contractual duty against Plaintiff A, and constitutes a tort against Plaintiff B.

On the other hand, the plaintiff A cancelled the contract of this case on the grounds of such violation of the defendant's contractual obligations, and claims restitution and damages therefrom.

Plaintiff

B claims for damages against such defendant's tort.

C. Therefore, the Defendant is obligated to pay the Plaintiff KRW 69,753,00 (i.e., KRW 24,453,00,00 for the supply of a medical device (i.e., KRW 45,30,00 for the supply of the medical device), and KRW 4,539,380 for the non-performance of obligation (i.e., KRW 4,231,380 for the transportation of the medical device in question to Korea), and for the delayed payment thereof (i.e., KRW 4,231,380 for the translation of the documents submitted to the Ministry of Health and Welfare, and KRW 308,

In addition, the defendant's illegal act that does not go through legitimate customs procedures is the Kuwait Hospital to the plaintiff B.

arrow