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(영문) 서울중앙지방법원 2016.01.29 2015가합520810
손해배상(기)
Text

1. The Defendants jointly share KRW 253,312,920 with respect to the Plaintiff and Defendant Limited Company B from October 16, 2014.

Reasons

Basic Facts

On August 1, 2014, Defendant B Co., Ltd. (hereinafter “Defendant B”) imported 378 tons from the said limited liability company in the Republic of Korea from USD 226,800 ($ 600 per ton) on the condition that the payment method is “L/C credit,” and the port of arrival concluded a freezing import contract with “Korea L/C L/C L-based port.”

(2) On August 5, 2014, Defendant B entered into each of the foreign exchange transaction agreements, credit transaction agreements, security for transfer, etc. with the Plaintiff to pay the price of the instant goods using the credit, and requested the Plaintiff to establish the credit. The Plaintiff issued the credit as indicated below [Attachment 1] on August 5, 2014.

(2) According to the foreign exchange transaction agreement concluded between the Plaintiff and the Defendant on November 27, 2014, the L/C amount (USD substitute payment) of the credit (USD substitute payment) No. 1 E on August 5, 2014, the date of issuing the L/C number No. 1 E on August 26, 2014, the amount of the L/C amount (USD substitute payment) is 1 E on August 5, 2014, and 272,66,720, and 400 on November 25, 2014, the Plaintiff cannot be used or sold to the Plaintiff as collateral for the purpose of using or selling other goods to secure the Plaintiff’s obligation to the Plaintiff, and the Plaintiff’s right to receive goods can not be used or sold to the Plaintiff as collateral.

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