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(영문) 서울중앙지방법원 2016.10.07 2015가합548382

보험금

Text

1. The Defendant’s KRW 648,128,910 as well as the Plaintiff’s KRW 6% per annum from August 11, 2015 to October 7, 2016, and the following.

Reasons

Basic Facts

The relevant Plaintiff is a company that engages in the business of wholesale business, electronic commerce business, etc., and Seoul Urban Industry Co., Ltd. (Seoul Urban Industry Co., Ltd. on August 1, 2013) is a company that engages in the business of electronic commerce and related distribution.

A(A) and B(B) are companies dealing with steel products in the following subparagraphs:

C is a representative director of A, D is a director of A, and E is a person who actually operates A and B.

The Seoul Urban Industry entered into a contract for the supply of steel products to A on June 1, 2012, and according to the contract, the Seoul Urban Industry was supplied with steel products from Posco Co., Ltd. (hereinafter “Posco”) and supplied A with steel products in the amount of KRW 2,012,960,984 for three times from July 6, 2012 to October 6, 2012.

On July 4, 2012, the Plaintiff and B participated with the introduction of E and C, respectively, and on July 4, 2012, the Plaintiff concluded a product supply contract with the Seoul Urban Industry and B.

The main contents of each product supply contract shall be as follows:

Article 4 (Delivery and Delivery of Goods)

1. The plaintiff shall deliver the pertinent goods to the place designated by the Seoul Urban Industry in accordance with the order of the Seoul Urban Industry.

2. The Seoul Urban Industry provides the Plaintiff with a certificate of acceptance and a certificate of delivery after checking whether the quantity and quantity of the product are abnormal as soon as the delivery of the product was made.

Article 5 (Supply Method and Price Settlement Method)

2. The Seoul Urban Industry shall ensure that the quantity of goods under contracts that the Plaintiff completed supplied and whether they are in excess of the quantity, and shall make a settlement in cash at the end of the following month after the end of the month following the delivery in the absence of any error.

Provided, That if the settlement date falls on the weekend or holiday, it shall be settled on the Saturday of the borrower.

Seoul Urban Industry and the plaintiff's product supply contract.