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1. The Defendants jointly and severally liable to the Plaintiff KRW 66,235,00 and Defendant B with respect thereto from August 24, 2017, and Defendant C with respect to the said amount.
Reasons
1. Basic facts - The Plaintiff is a person who manufactures and engages in wholesale and retail business with the trade name of “D”, such as the rice station, salt station, etc., and the Defendants jointly trade in the trade name of “E” or “F” and engage in wholesale and retail business of agricultural and fishery products.
On July 19, 2016, the Plaintiff concluded a sales contract (hereinafter “instant contract”) with Defendant B and the Plaintiff to sell Korean food (hereinafter “instant Kim St”) to F (hereinafter “instant contract”).
The main contents of the instant contract are as follows.
This contract was concluded on July 19, 2016 between F (Buyer) and D (seller).
Article 1 (Sale of Goods) The buyer and the seller are to sell and purchase Korean food (hereinafter referred to as "goods") subject to the terms and conditions stated in this Agreement.
Article 2 (Quantities, Specifications, Quality, and Price) The description of the good shall be shipped into Incheon Port on August 5, 2016, based on the first INVOICE (attached Form 1) and shall be made according to individual contracts for each transaction after this first year.
The agreed unit price of the goods shall be FOB, and the currency shall be won.
Article 3 (Payment) The buyer, before July 29, 2016, decides to approve the purchase price of the goods as the full deposited account by July 29, 2016 after the examination is completed, and when the buyer, due to the buyer's return, has not taken over the goods by August 5, 201, 50% of the LISD amount shall be paid to the seller.
Article 8(vis major) ① Except for the payment of the purchase-price of goods delivered by a seller, any party shall not be liable to the other party for any non-performance of the terms and conditions of the contract (all or part of the contract) or delay in the performance of the contract due to war, quasi-state condition, natural disaster, strike, solar or other labor dispute such as the closure of factory, infectious disease, flood, earthquake, storm, flood, prohibition of export, the laws and regulations of the buyer or the seller, or
In the case above, this contract concerning the period and implementation thereof.