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(영문) 서울중앙지방법원 2019.05.15 2017가단5106889
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 53,624,767 and the interest rate of KRW 18% per annum from January 9, 2018 to the day of complete payment.

Reasons

1. Facts of background;

A. On January 20, 2017, the Plaintiff and the Defendant entered into a contract with the Defendant to purchase the oil cokes from the Plaintiff (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 1 (Products and Quantity) The quantity of products in the Peum Coke 25,000 Tron 【 10% of the purchase from the seller and the seller's kinds and quantities of the Peumumum (hereinafter referred to as "products") shall be as follows:

(Period of Supply) Within 90 days after the payment of contract performance guarantee money, a seller of the quantity specified in Article 1 of this Agreement shall be supplied to the buyer without fail, and the buyer shall have to purchase the quantity specified in Article 1.

Article 3 (Delivery of Contract Guarantee and Payment Guarantee) (1) The buyer shall deposit KRW 50,00,000 in the account designated by the seller within three business days after the conclusion of this contract. If the buyer fails to perform the buyer’s obligations during the quantity specified in Article 1 and the supply period specified in Article 2, the buyer may not request the return of the contract deposit.

(2) A buyer shall deliver a guarantee certificate issued by a buyer's principal transaction bank to guarantee the payment of the purchase price for a half (12,500 tons) of the estimated purchase quantity as stated in Article 1 to a seller before commencing a transaction after concluding this contract.

(hereinafter below) Article 4 (Price, Logistics Expenses): USD 104.0/Ton 2: KRW 26,900/Ton 3 The amount of goods separate from VAT means all the expenses of import clearance for the goods, body fees for the Minister of Maritime Affairs and Fisheries, storage fees, loading and unloading charges, skn and freight charges to C militarysan factories.

The product price may be paid in USD, and USD 1 = 1,200 won shall apply to the exchange rate of KRW 1,200.

Article 5 (Quality) Unit Specc FUR (Dry Bass) WT per cent of the sulfur content WT 7.0 Max MITURE.

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