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(영문) 서울남부지방법원 2014.07.04 2011가합21199 (1)
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties 1) Defendant El Electronic Co., Ltd. (hereinafter “Defendant El Electronic Co., Ltd.”)

The purpose of Defendant B is to manufacture and sell electronic machinery and appliances. Defendant B was the one for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the group for the production of electronic equipment, and the Plaintiff was the representative director of E.

B. Around October 22, 2008, E supplied parts of electronic equipment to Defendant ELB from around 2001, and around 2008, E supplied parts of electronic equipment using the gold type owned by Defendant ELB. 2) around September 2008, E was undergoing negotiations on financial support and quantity guarantee with Defendant ELB.

In this year, Defendant ELB notified the termination of a part supply contract to E on the ground of the non-performance of a police officer E in the early October of the same year.

3) After the notice of termination, Defendant ELB attempted to take the gold form owned by Defendant ELB, which was in custody, immediately after the notice of termination, but during that process, there was a string by its employees. Accordingly, around October 9, 2008, Defendant ELW taken out the gold form through consultation with the Plaintiff. 4) After October 22, 2008, the F, the managing director of E and G, the Plaintiff’s partner, entered into a written agreement (A evidence 1; hereinafter “instant agreement”) with Defendant ELW with the following contents (hereinafter “instant agreement”). The said written agreement has a seal imprint affixed to E, and there was a seal imprint affixed to the name of Defendant C and B and his name attached thereto in Defendant EL electronic column.

Joint E and the Plaintiff (hereinafter referred to as “A”) and Defendant LIB (hereinafter referred to as “B”) agree with respect to all disputes arising in the transactional relationship between E and B as follows:

1. A’s side of the delivery confirmation of goods is in possession of A.

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