(영문) 부산지방법원동부지원 2019.04.25 2017가단9390

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(영문) 부산지방법원동부지원 2019.04.25 2017가단9390

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 10, 2016, the Plaintiff concluded an agreement with the Defendant to borrow money as security, and to pay to the Defendant the amount calculated by adding air conditioners and fixed-term benefits arising out of the contract period after selling the domestic re-purchase imported by the Defendant and the Plaintiff to the Defendant, but to accept the said re-purchase from the Defendant within the contract period (three months from the contract date) (hereinafter “instant agreement”).

B. The main contents of the instant agreement are as follows.

Article 1. Contract Goods A (Defendant) and B (Plaintiff) shall sell and purchase the goods specified in the separate sheet (in total of the proceeds of import on September 13, 2016 and November 10, 2016, equivalent to KRW 542,841,00).

Article 2 In the event of a loss to A due to a breach of this Agreement, B shall immediately compensate for it according to the basis for calculation of A, and B shall separately provide the security required by A to guarantee the implementation of this Agreement.

Article 5 Minimum Guarantee of Fixed-Term Profit (1%) Article 6 (1) The cooling fee for the air conditioners contract goods shall be borne by Section B, and the cooling fee shall be determined by Section 10 (hereinafter referred to as the "Refriger") from the contract date. ① The contract date shall be accepted in cash within three months from the contract date, and the contract date shall be extended in principle.

2. If Gap requests an extension under the contract due to unavoidable circumstances, and Gap approves it, Eul may pay Gap the fixed-term profit of three months for the non-exploied portion at the time prior to or at the expiration of the contract (three months from the contract date), and the additional contract performance bond requested by Gap at the time of price fall.

Article 12 (Methods of Payment of Refrigerants and Fixed-term Profits) B shall close the unexploded portion at the end of each month to deposit the whole amount of the unexploded portion by the fifth day of the following month, and the unexploited portion shall be suspended at the time of delivery and sold at all times by Party A.

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