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(영문) 서울중앙지방법원 2016.11.02 2015가단84683

물품대금 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 22, 2011, Defendant C engaged in agricultural product trade business under the trade name of “D” entered into a product supply contract with Defendant Incorporated Incorporated Company B (hereinafter “Defendant Incorporated”) with the following content.

Defendant C, at the request of the Defendant Corporation, harvested trends in accordance with the export specifications on a large scale, shall be delivered to the Defendant Corporation, and the Defendant Corporation shall act on behalf of the Defendant C for drilling export.

A defendant corporation shall pay in advance to Defendant C expenses, such as the cost of raw materials, personnel expenses, material expenses, etc., and settle the remainder after receiving payment from the importer company.

Where a defendant corporation receives export incentives, distribution expenses, etc. from a government agency or local government after completion of the drilling export, full remittance shall be made to Defendant C.

Fees for the export agency of the defendant corporation shall be KRW 100,000 per container.

B. (1) On September 25, 2011, an agricultural company, the distribution and distribution of the classical soil distribution (hereinafter “non-corporate entity”) entered into a contract with Defendant C for the supply of goods on the export of the classical distribution (hereinafter “instant supply contract”). The main contents are as follows.

The non-party corporation shall, at the request of the defendant C, harvested the drilling in compliance with the export specification, and deliver it to the defendant C, and the defendant C shall act for the dispatch export of the non-party corporation.

Defendant C shall preferentially pay expenses, such as raw material expenses, personnel expenses, material expenses, etc., to the non-party corporation, and settle the remainder after receiving payment from the importing company.

When Defendant C receives export incentives, distribution expenses, etc. from a government agency or local government after completing the export of the drilling, full transfer shall be made to the non-party corporation.

The defendant C's export agency fee shall be 20,000 won per container.

(2) On November 10, 201, the Defendant corporation signed the instant supply contract stating that “the brokerage of a commercial contract is in charge of the Defendant corporation” and affixed a seal thereto.

C. The non-party corporation, E, and the Plaintiff on November 15, 201.