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(영문) 대전지방법원논산지원 2019.04.25 2018가단438

청구이의

Text

1. The Defendant shall pay to the Plaintiff KRW 6,361,045 and the interest rate of KRW 15% per annum from August 17, 2018 to the date of complete payment.

Reasons

Facts of recognition

The Plaintiff is a person engaged in grain processing business in the name of “C” and “D,” and the Defendant B Company (hereinafter “Defendant Company”) is a corporation established for the purpose of importing, processing, and selling grain.

From April 13, 2015, Defendant Company entered into a contract for the importation of sloping land, etc., and between the Plaintiff and the Plaintiff, Defendant Company engaged in transactions by importing and selling grain, such as roasting, bean, to the Plaintiff. On November 2, 2015, the Plaintiff asked F, an operator of Defendant Company, through E, who was a director of D, whether it is possible to import sloping land, and the F, around November 2015, imported samples of sloping land from Russia to provide the Plaintiff via E.

After confirming the sampling of the sloping Zone as above, the Plaintiff and the Defendant Company continued to import the sloping Zone and supply the sloping Zone to the Plaintiff continuously, and agreed to pay the price for the sloping Zone which was first imported to the Plaintiff as the price for the sloping Zone.

(hereinafter “instant Agreement”). Under the instant agreement, the Defendant Company imported from Russia to 15.6 tons on February 26, 2016, in total, 54.842 tons on February 28, 2016 (hereinafter “instant sloping”) and reported a unit price of USD 634.89 per ton on February 26, 2016 to 15.6 tons imported from customs office, and on February 28, 2016 to 39.242 tons on February 28, 2016, the Defendant Company reported a unit price of USD 600 per ton to 60 tons.

The Defendant Company imported the instant sloping on March 16, 2016, and requested the Plaintiff to take over the instant sloping site, but the Plaintiff did not accept it. The Defendant Company did not follow the procedures necessary for customs clearance of the sloping site, such as customs duties and value added tax, and eventually, the sloping site was later referred to a public sale procedure in a bonded warehouse, which was stored in the bonded warehouse.