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(영문) 춘천지방법원 2016.11.30 2016가합50597
물품대금
Text

1. The Defendant Dlimited liability corporation shall pay to the Plaintiff KRW 27,450,086 and its interest thereon from September 24, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the aim of providing necessary skills, materials, and information to the members who have operated the ginseng cultivation business, and promoting the expansion of markets for agricultural products produced by its members and the activation of distribution activation.

In addition, Defendant D Limited Corporation (hereinafter “Defendant D”) is a company for the purpose of selling ginseng varieties in China, etc., and Defendant B is Defendant D’s general interest (limited to the representative director of Korea).

Meanwhile, Nonparty G Co., Ltd. (hereinafter “G”) mainly engages in the business of mediating the conclusion of export contracts with the local company and collecting certain fees to Korean companies that want to export ginseng varieties, ginseng products, etc. in China. Defendant F is the representative director of G, and Defendant E is the child of Defendant F.

B. On October 18, 201, the Plaintiff entered into an export contract of this case and implemented the export contract of this case (hereinafter “instant product”) and the red ginseng product produced by Defendant D’s members (hereinafter “instant product”).

As to China's export contract (A evidence 3, hereinafter "the export contract of this case")

Upon concluding the export contract of this case, Defendant D granted red ginseng export monopoly rights to Defendant D, and G and Defendant F, the representative director thereof, intended to export the Plaintiff on behalf of the Plaintiff. The main contents of the export contract of this case are as follows. China’s export contract of this case (the Defendant; hereinafter “A”) is as follows.

H and D (hereinafter “B”)

The representative B shall enter into a contract to sell the exported goods as follows. The unit price for the sale of the goods under Article 1 (unit price and description of items) shall be as follows: A detailed statement of the export price list: Reference to the attached description (as stated in subparagraph (b)(1) of the Chinese export order.

Article 2 (Payment for Goods) The price for the goods shall be deposited into USD after ordering “A” to “B”. However, if there is a separate order for a putter, the payment for the packing materials shall be made in advance. Article 4 (Packings shall be packaged to ensure that there is no defect in the export of the packaging.

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