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(영문) 서울중앙지방법원 2018.01.26 2016가합546666
물품대금
Text

1. The defendant shall pay to the plaintiff USD 318,098 and the amount from the day following the day when the judgment of this case became final and conclusive.

Reasons

Facts of recognition

The plaintiff is a Chinese corporation of the Dash Ssh Down-Sing Co., Ltd., and the defendant is a corporation engaging in the manufacturing of chemical drugs.

On February 7, 2014, the Plaintiff entered into a contract for purchase of 1MT = 1,000 kilograms (hereinafter “instant contract”) with the Defendant, as a weight unit used in Eththylene Oxychron (hereinafter “constor”) 10MT Metricon, and trade. The main contents of the contract are as follows: USD 16,146 per 1MT, USD 161,460 per 1M: The price shall be based on the terms and conditions attached to this contract and the standards of SGS Standards.

(1) The Plaintiff shall pay US$ 64,584, which is 40% of the total contract amount at the first price, to the Defendant within three days after visiting the Defendant’s factory. 2) The Plaintiff shall obtain the SGS report and pay US$ 96,876, which is 60% of the total contract amount within three days after loading the container for export.

The payment period: The defendant shall, within 60 days from the date of receipt of the first payment, load the goods on the main export port in China with a two-three grace period.

The liability for breach of a contract shall be governed by the Chinese Contract Law.

On March 22, 2014, the Plaintiff entered into a contract for additional purchase of 15MT from the Defendant (hereinafter “instant second contract”) and its main contents are as follows: USD 273,730 on the calculation of the total amount of USD 273,00 (i.e., USD 80,730,000) or USD 273,730 on the calculation of the amount of price (i.e., USD 80,730,000).

5MT - USD 16,146 per 1M, USD 80,730, USD 10MT - USD 19,301, USD 193,00 per 1M, and the total amount of USD 193,00 per 1M is valid only when the plaintiff has deposited the first payment until March 27, 2014 into the defendant's account.

Quality Standards: in accordance with the terms and conditions attached to this Agreement and the standards of the SGS Stick Company.

The plaintiff is 40% of the purchase price of 5MT, added to the first payment.

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