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(영문) 수원지방법원 2016.11.17 2016가합1291

구상금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 193,589,110 and KRW 182,389,110 among them. From March 1, 2016 to June 8, 2016.

Reasons

1. Basic facts

A. On October 12, 2015, the Plaintiff concluded a performance guarantee insurance contract with Seoul Guarantee Co., Ltd. (hereinafter “Seoul Guarantee Co., Ltd.”) and the insured D, insurance amounting to KRW 200 million, insurance period from September 25, 2015 to September 24, 2016, to guarantee the performance of an import agency contract for motor vehicle parts against D (hereinafter “D”).

B. On October 16, 2015, the Plaintiff entered into an import agency contract with D and D to import agency (hereinafter “instant import agency contract”). On November 20, 2015, the Plaintiff entered into an import agency contract with D and D to import agency (hereinafter “instant import agency contract”). On November 20, 2015, the Plaintiff, E (hereinafter “E”), and D entered into an import agency contract with the following details (hereinafter “instant delegation”).

The "A" and the "A" (hereinafter referred to as the "A") shall delegate all the roles and responsibilities of the "A" and the "A" and the "A" (hereinafter referred to as the "A") of the "A" and the "A" (hereinafter referred to as the "A") in the overall business of importing motor vehicle parts by proxy at the request of the "B".

(b) Article 4 (State of Acceptance of Products)

1. It is deemed that the delivery to “B” is completed by putting goods cleared of import at the request of “B” into the warehouse designated by “B”.

(a) Article 5 (Payment of Price of Goods and Revenue Agency Fees)

1. B B B’s deposit in cash before being delivered to the designated warehouse of “B”, 50% after the confirmation of the goods

2. “B” means a condition of cash completion after moving the other party to the contract to the designated place of the “goods seller.”

3. If the goods are not taken over and paid for the goods, and the import agency fees within one month after they are delivered to the designated warehouse of “B” (the completion of customs clearance), Article 6 provides that “A” may carry securities provided to “B” and claim for the price (the price for goods and the import agency fees) immediately.

Article 6 (Security) In order to guarantee all obligations to be borne by "A" and "B" as a result of this Agreement, the following security: