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(영문) 서울서부지방법원 2015.11.18 2015가합984
정산금 등
Text

1. The Defendant’s KRW 46,97,398 as well as the Plaintiff’s KRW 20% per annum from March 3, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs trade, export and import business, etc. related to the distribution and sale of agricultural products, and the Defendant is a company that runs the wholesale business of fishery products

B. On June 2, 2014, the Plaintiff entered into an import agency contract with the Defendant, which includes the following:

(hereinafter referred to as the “instant import agency contract”) . 1. Import agency goods (including, in the case of the quantity of the agency goods, the actual weight and the increase or decrease within the limit of 10%): Quantity of 66,600km, amount of 310,800 dollars, Hong Kongwest at the place of shipment: Quantity of 21,770km, amount of 142,363 dollars, amount of 21,770km, amount of 142,363 USD, China at the place of shipment (total volume of 88,370km, amount of 453,163

2. A(Plaintiff) will, at the request of B(Defendant), issue a letter of credit in the name of B with respect to the fishery products of the above imported goods, such as sub-taxes and wests.

3.On arrival of the above imported goods in Korea, A shall make customs clearance in the name of A, and at this time all the expenses incurred (Customs duties, D/O CHCRGE, and other costs) shall be borne by B.

4.A shall prepare and present to B a settlement statement of accounts a sum of 1.5% (1.5%) of agency fees to be paid to B on the basis of exchange rates applied at the time of customs clearance, plus 1.5% (1.5%) of the total amount of customs duties, and shall issue an account statement on the basis of the unit price determined for mutual consultation.

6. If the amount of the delivery quantity of imported goods is deposited to Gap, the Gap shall notify the warehouse of the delivery certificate only for the equivalent quantity, and the storage charge for the imported goods whose delivery certificate has been issued shall be borne by the Eul.

8.B shall be responsible for imported goods, in principle, within two months from the date of customs clearance, and shall be extended by up to one month through mutual agreement, but if the total amount exceeds three months, it shall be paid by Party A, applying 18% per annum of overdue interest to the remaining quantity.

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