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(영문) 울산지방법원 2017.12.06 2016가합21205
손해배상(기)
Text

1. Defendant B’s KRW 219,154,520 as well as 6% per annum from May 4, 2016 to December 6, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is to produce and sell non-metallic mineral crushing products, and Defendant B is a person who engages in wholesale and retail business of high water with the trade name D, and Defendant C is the representative director of E corporation with the purpose of manufacturing, selling, trading business, etc. industrial machinery.

B. Defendant B entered into a sales contract under the name of Defendant B, which is one of its own business operators.

On April 30, 2015, FAOB equipment was purchased from FF Co., Ltd. (hereinafter “F”) from F Co., Ltd. (hereinafter “F”) in the purchase price of KRW 2,560,000,000 (value-added tax separate).

C. On May 18, 2015, Defendant B sold to the Plaintiff all scrap metal and non-ferrouss (around 3,000,000,000 won (hereinafter “instant goods”) in the Full Factory, other than all the goods specified in the detailed facility list, and all the goods included in the detailed facility list, to the Plaintiff on April 30, 2015 of the Full Factory purchased by Defendant B from F (hereinafter “instant goods”) in the purchase price of KRW 3,00,00,000,000 (value-added tax separately).

(hereinafter “instant sales contract”). The main contents of the instant sales contract are as listed below.

The defendant B (the seller refers to "A" and the plaintiff (the buyer "B") and the representative of the sales contract D shall enter into a sales contract as follows (hereinafter referred to as "this contract") based on mutual trust and good faith:

Article 1 [Purpose of Contract]

1. The purpose of this Agreement is to ensure the stable transfer of the subject matter of sale (contractual goods) and the payment of the cost of goods by resale and contract to “B” under the F Ulsan factory and the FAB Scrap removal contract signed by “A” on April 23, 2015.

Article 2 [Subject Matter of Sale] The objects of sale under this Agreement (hereinafter referred to as "subject Matter of sale") shall be as follows:

2. Trading amount: A set aside of KRW 3,000,000 (3,000,000).

3...

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