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(영문) 서울중앙지방법원 2017.07.07 2015가합7348
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for USD 500,000 and USD 444,00 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation established pursuant to Chinese law for the main purpose of manufacturing and selling heavy equipment construction machinery, and Defendant A Co., Ltd. (hereinafter “A”).

(2) On August 8, 2011, the Defendant A entered into a contract with the Plaintiff to import in USD 1,110,000 (hereinafter “the instant import contract”). The Defendant A entered into an import contract with the Plaintiff to import in USD 1,110,00 (hereinafter “the instant ceiling air, etc.”).

On the other hand, Defendant B and C have jointly and severally guaranteed the obligation to pay goods under the import contract of this case.

4. Time of shipment: Within two months after receipt of the deposit; and

7. Terms of settlement: 5% of the money deposited for the purchase of goods must be settled by August 9, 201 and the remainder by August 31, 201.

10% of the price of goods shall be settled prior to the shipment, 40% shall be settled within one month after the goods arrive at the Incheon port, and 40% shall be settled within six months from the contract date.

3) The part at issue in the instant import contract is as follows. (b) Defendant A remitted USD 12,00 to the Plaintiff on July 20, 201 under the instant import contract, USD 43,500, USD 55,00 to the Plaintiff on August 9, 201, and USD 55,00 on September 7, 201, respectively, and remitted USD 11,000 to the Plaintiff on December 1, 201.

2) On December 7, 2011, the Plaintiff loaded the instant astronomical air, etc. and completed customs procedures around December 25, 201, and delivered it to the Defendant A around December 30, 201, and the Defendant A completed the procedures for registration of import equipment on February 9, 2012 with registration number D as to the instant astronomical air. 3) Defendant B sent all products to the Plaintiff on March 9, 2012.

Plaintiff

The balance due to the financial situation of the company has not been settled at the time.

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