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(영문) 서울서부지방법원 2015.11.26 2014가합38586

기타(금전)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 16, 2014, the Plaintiff entered into a sales contract with the Defendant with respect to steel bars as follows (hereinafter “instant sales contract”) and paid the down payment of KRW 149,210,325 to the Defendant.

Section 1. The description and price terms and conditions of Articles 1. <1> The No. 10 779,148 428,531,402 13 126,060 550 69,33,00 316,583,584 584 485,971,200 2219,2004 2219,81850 50 10,89,90 SUM 1,808,6109,61094,735,500 SUM 1,808,61094,735,500 of the unit price (kg) price-added 300,428,500,000,000 won, and <3> The value-added tax shall be separately imposed on the warehouse, but the amount shall include the expenses and interest incurred in the storage under the above-mentioned sales price.

Article 2. ① In principle, B (the plaintiff, hereinafter the same shall apply) shall purchase all goods within two months from the date of entry into the warehouse (hereinafter referred to as “date of entry”) for the goods specified in Article 1 possessed by A (the defendant, hereinafter the same shall apply).

(2) Eul shall pay Gap a 8% amount per annum from the date of storage to the date of actually taking over the goods, and shall bear the storage fees and incidental expenses incurred in relation to the goods.

(4) Eul shall require the goods under a contract to be taken out within the shortest possible period, and where the goods concerned are not taken over by Eul for reasons not attributable to Gap within the agreed two months, Eul may give written notice to Eul, and then sell the goods concerned to a third party or issue a tax invoice to Eul. In such cases, Eul shall pay the price of the goods within 30 business days from the date on which it receives the tax invoice.

Where B pays the price for the goods, A shall deliver a forwarding order to B, and in this case, all warehouse charges arising after the date of issuance of the tax invoice shall be borne by B.

(5) Where a party A sells goods to a third party, 30 business days from the date he/she receives a written request from the party A.