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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that engages in grain processing business, etc. in the area of Mongolia in China, and Defendant B (hereinafter “Defendant Company”) is a company that engages in the export and import, processing, manufacturing, and sales of agricultural and livestock products, and Defendant A is the representative director of the Defendant Company.
B. On October 29, 2014, the Plaintiff and the Defendant Company entered into a contract with the Defendant Company to transfer goods to a telegraph transfer within 30 days from the final shipment date ( November 5, 2014), on which the Plaintiff supplied the Defendant Company 44.1 to US$ 119,070 (2,700 per ton).
(hereinafter “instant supply contract”). The Defendant Company received all of the Haak bean under the instant supply contract, and paid 14,112 U.S. dollars (320 U.S. dollars per ton) as the price for the goods.
2. Determination as to the cause of claim
A. 1) The Defendant Company asserting the Plaintiff is obligated to pay the unpaid US dollars 104,958 (119,070 US dollars - 14,112) and damages for delay thereof, out of the amount of goods under the instant supply contract. In light of the size of the Defendant Company, the organization of executives, and the status and role of the Defendant A, etc., the Defendant Company shall be deemed to be liable to pay the above goods payment obligation together with the Defendant Company. 2) The amount of goods under the instant supply contract asserted by the Defendants is merely a formal entry upon the Plaintiff’s request that the sales need to be released. The actual goods price agreed at the time is merely US US 320 per ton.
The Defendant Company paid all the price of the agreed goods.
B. As seen earlier, the fact that the price of the goods is expressed in US$ 2700 per ton is stated in the instant supply contract.
On the other hand, with evidence Nos. 5 and 6, the plaintiff submitted a written confirmation in the name of the defendant company with the following contents affixed with the seal of the corporate seal of the defendant company.
The defendant company and the plaintiff shall provide domestic grain.