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(영문) 부산지방법원 동부지원 2018.04.26 2016가단15206

물품대금등

Text

1. The defendant shall be the plaintiff.

(a) KRW 78,878,864 as well as 6% per annum from October 20, 2016 to April 26, 2018;

Reasons

1. Basic facts

A. The Plaintiffs are joint business operators engaged in trade business with the trade name “D”, and the Defendant is a corporation business operator with the purpose of manufacturing, selling and franchiseing foodstuffs.

B. From around September 2015 to September 2016, the Defendant placed an order for paper-to-door and pedago, etc., to supply the Plaintiff to the Korea Development Bank Co., Ltd., and the Plaintiff received orders from the Defendant, after completing import and customs clearance procedures, and stored the goods ordered by the Defendant in China, and supplied them according to the designation of the type, quantity, delivery date, and place of the World Cup by the Defendant.

C. From August 2016 to November 201, 2016, the Defendant was supplied with the same Chinese company (Xiamen Co., Ltd., LTD) ordered by the Plaintiff through the luxcula, which was ordered by the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 22-1 to 34, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) 22 temperature “Mobs” printed by the Defendant on June 2015, 2015, and then printed paper and World Cup 22 temperature “Mobs” printed by the Defendant on a verbal basis (hereinafter “Mobs and World Cup”).

(2) From August 6, 2015 to January 21, 2016, the Defendant produced, imported, stored, and supplied orders to the Defendant. The Defendant refused to accept the remainder of goods despite the Plaintiff’s request that certain quantities be supplied only from February 12, 2016 to be specified as the specific delivery date for delivery of the remainder of goods. The Defendant is obliged to pay the remainder to the Plaintiff the remainder of the closing cup and the warehouse expenses incurred by the Defendant’s undertaking of acceptance. 2) 32 py World Cup and 108 m P/ Sea 100 mp. to the Plaintiff on April 5, 2016.

The defendant's acceptance is refused even after the plaintiff completed import and customs clearance procedures.

The defendant is obligated to pay the amount of the World Cup and the warehouse expenses incurred by the defendant's acceptance delay to the plaintiff.