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(영문) 청주지방법원 2019.08.22 2018가단1315
손해배상(기)
Text

1. The plaintiff's primary claim against the defendants is dismissed in entirety.

2. Defendant C is with the Plaintiff KRW 14,000,000.

Reasons

1. Of the Defendants’ primary and conjunctive claims, the determination as to the remainder other than the claims

A. The Plaintiff’s summary 1) The Defendants, who purchased KRW 13 million from the class D of the primary claim, proposed that they purchase each of the said pine trees in KRW 30 million to the Plaintiff, and the Plaintiff, who accepted the said proposal, remitted the purchase price to Defendant B’s account on April 29, 2014. After the Defendants sold the said pine trees to a third party without the Plaintiff’s permission. The Defendants jointly and severally have a duty to compensate for KRW 30 million equivalent to the market price of the pine trees purchased by the Plaintiff, even if they were jointly and severally liable to compensate for the amount of KRW 14 million,00,000,000,000 to the Defendant’s account in the name of Defendant B. The Defendants are jointly and severally liable to reimburse the amount of KRW 14 million.

B. In full view of the overall purport of the pleadings as to the primary claim, Defendant B purchased KRW 13 million from D clan on November 22, 2013, the Plaintiff transferred KRW 14 million to Defendant B’s account under the name of Defendant B on April 29, 2014. However, as otherwise alleged, with respect to the Plaintiff’s purchase of KRW 30 million from the Defendants, it is insufficient to acknowledge this only with the written evidence and the written evidence Nos. 4 and 8, and there is no other evidence to acknowledge this.

Therefore, the plaintiff's argument about the primary claim is rejected.

C. On April 29, 2014, Defendant C is obligated to pay to the Plaintiff KRW 14 million and delay damages, barring any special circumstance, for the following reasons: (a) Defendant C borrowed KRW 14 million from the Plaintiff on the ancillary claim; and (b) Defendant C borrowed money from the Plaintiff on April 29, 2014, inasmuch as there is no dispute between the parties.

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