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(영문) 서울남부지방법원 2017.09.22 2017가합100988
판매대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 1,416,80,000 as well as the full payment from February 8, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a corporation that runs the business of importing, exporting, distributing, selling, etc. the agricultural, livestock, and fishery products. The Defendant is a corporation established for meat, processing and retail business, restaurant business, meat sales business, etc., and operates franchise restaurants, such as “C”, “D”, “E”, and “F.”

B. (1) On September 13, 2016, the Plaintiff entered into a sales contract with the Defendant to supply five container quantities to KRW 6,480 won per km on September 13, 2016 (hereinafter “instant sales contract”).

(2) On September 22, 2016, the Plaintiff concluded a sales contract of USD 4.70 per kg. 138,000 on September 22, 2016 with the importing company for the purpose of supplying the Defendant with Hungary overlapping under the instant sales contract. The Plaintiff supplied the Defendant with the instant sales contract and supplied the Defendant with the 5 quantity overlapping of the five Hungary container packed in Jinsan (hereinafter “Jinsan Packaging”).

C. On September 23, 2016, the Plaintiff concluded a sales contract with the Defendant on September 23, 2016, with the content that “eight containers related to Hungary (=eight volume of containers x 23,00km)” was to be supplied to KRW 6,500 per km, and KRW 2 containers related to Hungary’s Hungary’s “two containers” (=2 volume of containers x 2 x 23,000km) to KRW 4,80 per km (hereinafter “instant sales contract”).

(2) On October 10, 2016, the Plaintiff entered into a sales contract with the Defendant of USD 3.60 in relation to USD 4.70 in relation to Hungary as to Hungary-U.S. dollars 184,00 g and Hungary-U.S. dollars 46,000 in relation to Hungary-U.S. dollars 184,00 g and Hungary-U.S. dollars 46,000 g under the instant sales contract.

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