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(영문) 서울남부지방법원 2016.10.20 2014가합2885

손해배상(기)

Text

1. Defendant B Co., Ltd.: USD 100,000 and its amount from March 12, 2014 to October 20, 2016.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company that has its principal office in Hong Kong and engages in trade, etc. 2) Defendant B (hereinafter “Defendant B”) is a company that has its principal office in the Republic of Korea and engages in the business of developing, manufacturing, and selling computers and peripheral devices. Defendant C is the representative director of Defendant B, and Defendant D is the inside director of Defendant B.

3) Defendant E Co., Ltd. (hereinafter “Defendant E”).

(B) The Plaintiff and Defendant B, a Chinese company, provided a main office in the Republic of Korea and engaged in the wholesale and retail business of electronic parts. (b) The “F”, a Chinese company, provided funds to the Plaintiff through the Plaintiff to purchase Samsung 9.7 Human Rights Panel (hereinafter “instant goods”). The Plaintiff obtained information that Defendant B and E possess the instant goods from December 2012 to February 2013, and subsequently negotiations were conducted several times from the said Defendants to purchase the instant goods.

2) On February 5, 2013, the Plaintiff entered into a contract with Defendant B to purchase 120,000 goods of this case from USD 4,320,000 ($36 per unit) (hereinafter “instant primary contract”).

(1) The Plaintiff entered into a contract with Defendant B, on the day of the contract, at US$ 100,000 (hereinafter “instant deposit”) as security deposit and down payment.

1. Goods: 120,000 items of this case ($36 per unit US dollars) are as follows.

2. Delivery Method: Delivery of goods shall be until February 22, 2013, and a schedule may be adjusted by mutual agreement between the Plaintiff and the Defendant B.

3. Payment: The plaintiff shall deposit the amount of USD 100,000 with the defendant B.

If Defendant B shows to the Plaintiff by February 7, 2013, 120,000 goods volumeed to the Plaintiff, the Plaintiff deposited 30% of the goods price into the down payment, and the remainder is at the time of the completion of container work.