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(영문) 수원지방법원여주지원 2015.08.20 2014가합2760
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that is engaged in the wholesale, retail, export, and import of calcium, and the Defendant is a company that runs the Pium import and distribution business of calcium.

B. On June 10, 2014, the Plaintiff and the Defendant concluded a sales contract with the following terms (hereinafter “instant sales contract”).

Article 1.(Sale Goods and Prices)

1. Goods: Not less than 74% of the Pium calcium in Korea;

2. Quantity: 10,00 tons (in cases of a packaging unit: metric tons);

3. Unit price: US$ 136.00/metric tons CNF reportings.

4. Total amount: US$ 1,360,000.00 (US$ 1,360,000)

5. Loading: Article 2 (Loading of Goods) of the shipment by two installments each of 5,00 tons.

1. Between July 30, 2014 and September 10, 2014, a seller shall load 5,000 tons of a single mother ship in two installments, counting from July 30, 2014.

2. The seller shall notify the purchaser of the details of the port of arrival, the quantity, the date of shipment, etc. by not later than two days prior to the shipment and shall obtain the written consent of the purchaser;

3. The date of shipment and the quantity of shipment may be modified by agreement between the Parties, but the whole quantity of the shipment shall not expire September 10, 2014.

Article 3 (Payment of Prices and Return of Advance Payments)

1. Down Payment:1) The buyer shall, within three days of the date of this contract, forward to the exporting company directed by the seller, US$408,000,000,000 (total sum of thirty percent) in down payment, to the seller, T/T within three days of the date of the contract. (2) The buyer shall immediately, upon the transfer of the above amount, submit to the seller a bank remittance certificate T/T Slip.

3) The seller, as a security for the down payment, shall deliver to the buyer the Notarial Promissory Notes issued by the seller as a security for the down payment amounting to KRW 448,88 million (on September 10, 2014, the payment date): The buyer shall, within seven days from the date of the contract, establish L/Cat Rights for L/Cat Rights for the amount of USD 952,000 (70% of the total amount of US$ 1,360,000) to the exporting company directed by the seller (hereinafter omitted).

3. Where the contract has not been performed due to a cause attributable to the buyer, the buyer is unable to receive a refund of the down payment paid to the seller, and the seller is entitled to do so.

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