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(영문) 서울고등법원 2019.01.17 2018나2044662

구상금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. G Incorporated C Co., Ltd. (hereinafter “C”), D Co., Ltd. (hereinafter “D”), E Co., Ltd. (hereinafter “E”), and F Co., Ltd. (hereinafter “F”) jointly established “G (hereinafter “W”)’s venture business,” which is a protocol venture business, and jointly ordered the instant construction project (hereinafter “instant construction project”).

B. 1) International Co., Ltd. (hereinafter “I”) (hereinafter “I”) may conclude a contract for goods supply between I and the instant joint venture business.

(2) On April 30, 2015, the goods supply contract between the instant joint venture business and the instant joint venture business is concluded to supply the E-KG package package for use in the instant construction project to USD 1,163,973 (hereinafter “instant goods supply contract”).

The above goods supply contract was concluded. Under the International Rule on Interpretation of the Terms and Conditions of Trade (FOB) 2010 established by the KJ to the International Venture Business, the terms and conditions of the FOB as “port in the Republic of Korea” refers to “the terms and conditions of trade transaction” among the terms and conditions of the POB. The seller is deemed to have cleared the goods for export and delivered the goods at the time of shipment at the port of loading designated by the buyer. The buyer is to bear all risks and expenses for the goods from this time. The KOB’s venture business is to enter into the instant agreement and then deliver the goods to the port of loading from the port of loading to May 29, 2016 to the port of loading to the port of loading to the port of loading to the port of loading to the port of loading to the port of loading to the port of loading to the port of loading to the port of loading to the port of loading to the port of loading to the port of loading to the port of loading to the port of loading to the port of loading to the port of QU.