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(영문) 서울중앙지방법원 2016.09.30 2015가단118241

손해배상(기)

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 March 2, 2015, the Plaintiff entered into a sales contract with the Defendant with the following terms (hereinafter “instant contract”).

Goods and Quantity: Not more than 153 U.S. dollars 153/metric, CFR Puang sale price: 765,000 U.S. dollars : The plaintiff has no right to refuse to accept goods in relation to the quality level. However, with respect to quality differences, the defendant has no right to refuse to adjust prices pursuant to Article 9, not more than 8% of the quality level: hhh (drybbassssis 13% or below: 10% of the 20% of the 11% of the 20th unit price test: Galele 20% of the 20th unit price test: Gale 10% of the 20th unit price test.

B. On March 7, 2015, the Defendant loaded a shipment of 5,500 tons of smokeless coal pursuant to the instant contract.

C. On March 8, 2015, SGS VOSK limited liability companies submitted an inspection report as follows:

As a result of quality items quality inspection: h (drybais) 10.4% volatiles: 7.8% volatiles : sulphas (drybass) : sult 0.33% Heat 6,733ccal/km: sulpha 6,733km/km : sulpha 50-200 meters from among them, and 0-20 meters 9.2% of 9.2% of 20m.

D. On March 24, 2015, the Plaintiff paid KRW 963,517,500 to the Defendant for the supply of coal.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 8, 13, and 14 (including paper numbers; hereinafter the same shall apply), and the purport of the whole pleadings.