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(영문) 대구지방법원경주지원 2017.12.12 2016가단11502
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 7,682,00 to the Plaintiff (Counterclaim Defendant) for KRW 7,682,00 and for this, from May 19, 2016 to December 12, 2017.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On February 17, 2016, the Defendant entered into a sales contract with the Intervenor joining the Defendant to purchase KRW 4604 tons of scrap metal 4,604 at kg per unit price of KRW 225 won, and paid advance payment of KRW 1.028 billion on the same day.

Article 1 (Items and Unit Price) of the Sales Contract for Scrap 1.4 m. (4,600 tons and below 230 k/g 10 m.) The Contract shall be completed from March 2, 2016 to April 9, 2016.

Article 5 [Payment for Goods] In principle, the price for goods shall be paid in cash to the business account designated by the defendant, and the price for goods shall be adjusted by mutual consultation at the time of occurrence of special matters, in accordance with the principle that monthly, chemical, and water storage shall be remitted on a Saturday, daily, gold, and soil storage on a monthly basis, but the price for goods may be adjusted under mutual consultation.

Article 7 [Interpretation of Contract] (2) When the violator violates the terms of the contract pursuant to Articles 1 and 4, a panel shall pay the amount equivalent to 10% of the total amount of the contract to the person who has violated the contract.

B. On February 22, 2016, the Plaintiff, a stock company, engaging in scrap metal recycling business, concluded a sales contract for scrap scrap (hereinafter “instant contract”) with the Defendant with the following terms and conditions (hereinafter “instant contract”).

(hereinafter referred to as the “instant special agreement”) set forth in Article 7(2)(c).

Since then, the Defendant: (a) reselled ice scrap to the company, etc.; and (b) reselled the radioactive scrap to the company, etc.; and (c) reselled the ice scrap to the company, etc. (hereinafter referred to as “ over-site ethyl”).

The Intervenor joining the Defendant, by March 25, 2016, directly supplied scrap 2,133 tons for scrap scrap 2,133 tons, but subsequently requested an increase of the unit price for the reason that the price of scrap 2,467 tons per kg increased, refusing to supply the remaining scrap 2,467 tons.

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