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(영문) 서울동부지방법원 2019.01.10 2018가합341

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 120,795,729 to the Plaintiff (Counterclaim Defendant) and its related amount from November 11, 2017 to January 10, 2019.

Reasons

1. Basic facts

A. The plaintiff is a company whose purpose is to sell steel products, and the defendant is a company whose purpose is to trade piping materials.

B. On June 9, 2017, the Plaintiff and the Defendant supplied the Defendant with USD 87 per ton, and USD 79 per ton, the goods of this case. The Defendant entered into a supply contract with the content that the goods of this case are to be sold in Kuwait area (hereinafter “instant supply contract”). The main contents are as follows.

Article 2 (Sales Area and Sales Subject) (1) The basic jurisdiction of the Defendant’s sale of the instant goods shall be Kuwait area.

(3) The defendant does not trade with the plaintiff's competitor.

(4) The sale of Kuwait shall be restricted to the defendant's jurisdiction.

Article 3 (Goods for Sale) (6) Unit: Busan FOB$87/ Incheon FOB $79(purchase and supply obligation) 3. The measurement and other matters arising from the delivery of the product shall be the plaintiff's responsibility.

Article 6 (Packing, Transportation and Delivery) (1) The packing method shall be 1.5 tons ton.

Article 7 (Payment for Price) (1) After the delivery of the goods, the Plaintiff shall claim the zero tax rate invoice in Korean won based on the exchange rate publicly announced as at the time of shipment.

② The Defendant shall settle the 1st day to the 15th day of each month on the 25th day of the month, and the 16th day to the 30th day of the following month on the 10th day of the month.

Article 9 (Cancellation or Termination of Contracts) (1) In particular, in violation of Articles 2, 3, 4, 5, 6, 7 and the preceding paragraph of Article 8.

C. The Plaintiff supplied 5,250 tons of the instant goods to the Defendant from June 24, 2017 to October 25, 2017 under the instant supply contract. The Defendant paid only KRW 184,132,975 out of the total amount of the goods supplied as above to the Plaintiff up to the date of payment to the Plaintiff 33,387,269 (=517,520,524 - 181,132,975).

On the other hand, the defendant has sales business in Kuwait whose representative director is C.