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(영문) 서울중앙지방법원 2018.01.12 2016가합565315
정산금
Text

1. The part concerning the claim for return of unjust enrichment by subrogation of creditor among the lawsuit in this case is dismissed.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. The Plaintiff is a Korean company located in Russia (hereinafter “B”) as a company whose purpose is the export and import business of pharmaceutical products and written products. The Defendant is a company with the aim of selling chemical products.

B. On October 17, 2014, the Plaintiff and B concluded a sales supply contract with the Defendant (hereinafter “instant contract”) on October 17, 2014 (hereinafter “instant contract”).

(1) Article 1(1)(1) of this Agreement provides for all standards and terms and conditions of transaction in selling products, etc. to B. Article 4 (Sales Price) ① The Defendant shall determine the prices of goods and the local sales price of the goods to be sold to B, and notify it to B: Provided, That in the case of USD 1, the matters concerning the conversion of the goods to be sold to B shall be consulted separately, but in principle, the rate of exchange shall apply at the time of examining USD 2. The Defendant shall supply the goods to B at the FOB price, and the DP price designated by the Defendant shall be sold to B at the local level. However, since the DP price designated by the Defendant is excluded from the cost of delivery to the local logistics warehouse at the customer’s request, the relevant expenses at the time of delivery from the local logistics warehouse shall be settled on a local basis. Article 5 (Related Settlement) (1) of this Agreement shall be applied to the Defendant’s sales price after deducting the following subparagraphs from the sales price of the goods sold to B by the end of October, but shall be exempted from the sales price of the Defendant’s 10.

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