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(영문) 서울중앙지방법원 2018.05.17 2017가합523288

물품대금

Text

1. The Defendant’s KRW 5,432,238,960 for the Plaintiff and KRW 6% per annum from January 1, 2017 to March 10, 2017.

Reasons

A. The Defendant actively requested purchase from the Defendant, and the Defendant, as an existing customer, accepted the Plaintiff’s above request from the standpoint of protecting the Plaintiff as an original customer, and entered into this sales contract.

Article 3 [Subject-Matter of Sale and Sales Price] ① The subject-matter of this Agreement is parallel imported products with Pomermergs and specific product numbers, unit prices and quantities are as follows:

(2) Foreign freight shall be included in the sales amount as listed below.

* The freight rate of 6 (6/1 sets) of all the country ports of 800 won, the rate of 280 won (1/1 set) of all the country fares of 6 (6/1 set), the rate of 280 won, calculated as follows:

*The sale price calculation method) the ENGND production (product price* exchange rate)* the additional tax = the exchange rate: the freight on the first exchange rate public notice of the foreign exchange bank * the freight on the table * the exchange rate transfer base: the (product price* exchange rate rate) the additional tax * the sale price * the arrival price * the quantity of each product * the sale price * the (e) quantity of each product 4 in accordance with the calculation method of the above sale price.

* Sales amount: Article 4 [Period of Payment] of the USD $7,633,669.39, KRW W 10,400,000,000 (including prepayment standard / VAT) (1) The Defendant shall pay to the Plaintiff the sum of down payment (1,00,000,000) by February 1, 2016 after receiving the products listed in Article 3(2) from the Plaintiff.

② The Defendant shall pay the remainder of the purchase price, excluding the down payment, to the Plaintiff in installments, and the full payment shall be made until December 31, 2016.

Article 5 [Delivery of Subject Matter to Sale] (1) The Plaintiff shall deliver the subject matter to a warehouse designated by the Defendant by March 19, 2016.

④ At the time of delivery to the Defendant, the product transferred its ownership to the above product, and the Defendant from the time of delivery to another.