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(영문) 서울동부지방법원 2015.10.08 2014가합7481
물품대금 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 180,000,000 and the interest rate thereon from October 18, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 22, 2011, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the following terms (hereinafter “instant contract”). Defendant C, the actual operator of the Defendant Company, guaranteed the Defendant Company’s obligation to the Plaintiff.

The defendant company imported freezing from China, and sold 200 tons among them to the plaintiff at US$6.2/10kg.

All of the distribution expenses and customs clearance expenses shall be borne by the plaintiff.

The plaintiff pays 200 million won to the defendant company as the price for goods and loans, and the defendant company borrows the remainder except for the price for goods.

The repayment of borrowed money and the delivery of goods shall be decided by agreement prior to the 2011.12.

B. Of the KRW 200 million stipulated in the instant contract, the Plaintiff remitted KRW 100 million on August 25, 201, and KRW 80 million on August 29, 201 to the account of each Defendant company.

C. Around September 5, 2011, the Defendant Company entered into a contract with China’s medical care suppression, agriculture-type joint venture business (hereinafter “China Company”) to import 400 tons of the price of 220,000 U.S. dollars (5.5 U.S. dollars per 10km) produced in China. However, the Defendant Company did not supply any trend to the Plaintiff even after the lapse of December 201 as stipulated in the instant contract, as well as on April 13, 2012 and May 10, 2012, transferred 200 tons of the scraped 200 tons imported from the Chinese Company to the Sagaman Holdings Company, not the Plaintiff.

On May 23, 2012, Defendant C drafted a letter on behalf of the Defendant Company stating that “The Defendant Company promised to deliver 200 tons to the Plaintiff among the 400 tons of freezing goods contracted with the Chinese Company, but the Defendant Company’s failure to perform its commitments shall pay 100 million won out of 18,000,000 won to the Plaintiff by July 31, 2012.”

E. Meanwhile, around 2013, the defendant company rescinded the above contract between the Chinese company and the plaintiff.

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