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(영문) 서울중앙지방법원 2015.06.19 2014가합595183
손해배상(기)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

The Plaintiff is a corporation that is engaged in salt, manufacturing, processing, and selling salt, and the Defendant B corporation (hereinafter “Defendant B”) is a corporation that is engaged in salt and calcium import and distribution business. Defendant C is a spouse of Defendant B’s representative director (D) and is practically engaged in Defendant B.

(A) From April 15, 2013, Defendant B entered into a purchase and sale contract for snow salt with DDAI I, IPEX PTRIVE LIED (hereinafter “multipex”), a delivery business entity, and entered into a price negotiation on the import of snow salt, and entered into a purchase and sale contract for snow salt with the following content on May 1, 2013.

However, until the time of the conclusion of the above contract, it was not yet determined whether the ship freight in the port of arrival includes the terms and conditions of the purchase price, and the contents of the contract were partially modified as follows.

(B) No. 3-1, 2. The export and import award under the sales contract shall enter into a sales contract on May 1, 2013 on the following terms:

Products: 45,00 tons of sun-dried sun-dried : 10% unit price for 45,00 tons: US$16 under the terms of delivery on board, and the total amount of India (or the rate including the freight for Korean ports where freight is added to USD 16 under the terms of delivery on board): 10% (or the rate including the freight for Korean ports, the determination after the conclusion of a charter contract): Credit, 90 days of draft of exchange based on export, and the Plaintiff and Defendant B entered into a contract for goods error and distribution agency with the following contents on May 2013:

[Written Contract (Evidence A No. 2-3] Article 1 of the Agreement on the Sales and Distribution Agency for Goods / [the Error and Price]

1. Goods: Magsan Normide deguinium AIN BULK;

(b) Quantity: 20,00 tons/-10 percent;

3. Unit Price: US$37.00/metric tons, CNF (Cosn and Fregn).

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