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(영문) 서울중앙지방법원 2011.10.26 2010가합97513

물품대금 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 18, 2010, the head of the overseas business group B and the head of the defendant's overseas business group C, who is an employee of the plaintiff Hanwalx Co., Ltd. (hereinafter "the plaintiff Hanwalx"), prepared a basic supply contract (Evidence A) in which the plaintiff Hanwalx (hereinafter "A") and the defendant (hereinafter "B") are the parties to the contract, and some of the terms of the contract are as follows:

D. The purpose of this Agreement is to eliminate potential disputes and maintain smooth supply and demand of goods and fair trade relations by prescribing basic rights and obligations arising from the import of raw materials, etc. for the manufacture of feed (hereinafter referred to as "goods") by Gap to supply them to Eul.

(1) A. A. A is deemed to have agreed to accept the supply of goods by furnishing an Offeret to B stating the details of supply, such as the name, size, quantity, unit price, etc. of the goods and the foreign supplier of the goods, and by furnishing them to A within three business days from the date the goods are provided.

(Article III(1). Where A agrees to supply goods to B pursuant to the preceding paragraph, A and B shall enter into a supplementary agreement, specifying all of the following:

1. The name, standard, unit price, and quantity of the goods;

2. Date of shipment and port of arrival of goods;

3. Packing method of goods;

4. Meritorious rate to be paid by Eul to Gap.

5. Other matters deemed necessary in connection with the supply of goods (Article 3(2)) The supplementary contract shall, unless otherwise agreed, be subject to this contract.

Provided, That if the contents of this contract and the supplementary contract are different, the provisions of the supplementary contract shall be applied preferentially.

(Article 3(3). A means B/L transfer from an exporter of a good. Upon receipt of B/L transfer contract with B/L transfer contract, B/L transfer contract is concluded with B/L transfer contract.