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(영문) 수원지방법원안산지원 2016.12.22 2015가합24383

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is a company that runs the business of importing steel scrap, and the defendant is a company that runs the wholesale and retail business of steel products.

C was an employee of the same corporation as the Defendant and the representative director, but retired on April 30, 2015.

E is a person who assists in pre-importing business under the trade name of F.

However, the nominal owner of the business is K.

The Agreement of this case

1. Products and Terms and Conditions 1: The quantities of domestic fresh iron 2: 500MT (10 per cent/10 per cent), final sales volume shall be determined within the permissible range of vehicles by mutual consultation.

(c) Unit price: KRW 400,000 (40,000/MT, arrival at the seat of the buyer’s request for delivery, cash price, value-added tax separate) contract amount: this billion won (200,000,000 won, value-added tax separate);

2. 1) Determination of the transfer of ownership and the quantity of transfer of ownership: (i) The seller (H and the manager G regular business) shall enter the entire amount of the contract at the seat of the buyer (I and C directors) and transfer the ownership to the buyer by July 3, 2015; and (ii) the determination of the quantity of transfer shall be based on the results of the succession to the authorized measuring stations designated by both companies;

3. In principle, a settlement buyer shall deposit the settlement in cash to a seller within 30 days from the following day after the completion of the said contract quantity with the seller’s account. The seller: (a) the seller is the seller: (b) the representative director J of the Plaintiff’s representative director shall be punished by G of the Plaintiff’s managing director; (c) on the other hand, the representative director of the Plaintiff’s corporate registry shall be L of the Plaintiff’s representative director; (d) on June 30, 2015, E of the Plaintiff’s executive director G of the Republic of Korea (hereinafter “instant contract”).

B sent by e-mail, and G sent it to C who was an employee of the defendant in the past.

On July 3 to 4, 2015, the Plaintiff delivered to the Defendant the foregoing ship 514.960 tons, and on July 3, 2015, the supply price of which is KRW 400,000 per ton = 226,582,40 tons per ton = 514.960 tons x 400.