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(영문) 부산지방법원서부지원 2020.10.22 2019가단109658
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff is engaged in wholesale and retail business with the trade name of “D”.

Defendant B (hereinafter referred to as “Defendant Company”) is a company engaged in the manufacturing business of elements in racing-si, and Defendant C was an internal director of the Defendant Company until May 29, 2019.

F sold the number of elements supplied by D Co., Ltd., the Plaintiff, and the Defendant Company to the cargo drivers on the side of the Jinhae-si G at Changwon-si.

1) F sold the number of elements on the road site, and received the sales proceeds by using a credit card terminal borrowed from D, the Plaintiff, and the Defendant Company in the case of credit card settlement, and by transferring it to H’s account in the case of cash settlement. 2) From January 2019, F was supplied and sold with the number of elements by Defendant Company from around January 2019. However, F was deducted from the credit card settlement amount deposited into the Defendant Company’s account in the name of the Defendant Company, the number of elements to be paid to the Defendant Company and the discount amount of the freight vehicle purchased in the name of the Defendant Company.

3) From March 2019, F was supplied with the number of elements and sold by the Plaintiff. From May 2019 to May 2019, F was intended to settle the credit card settlement amount to be paid to the Plaintiff via the Plaintiff’s credit card terminal and deducted the supply amount of elements from the credit card settlement amount deposited into the Plaintiff’s account under the Plaintiff’s name, and returned the credit card terminal in the Plaintiff’s name to the Plaintiff, who did not properly settle with the Plaintiff around May 2019. [In the absence of dispute over the grounds for recognition, the Plaintiff’s statement in subparagraphs 1 through 3, 10, 11, 8-1 through 3, 10, 8-1, 10, 10, 5, 10 through 5, 7-1, 7-1 through 7, and the Plaintiff’s assertion that the entire purport of the pleadings was as to the sale of F and elements.

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