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(영문) 수원지방법원안산지원 2015.05.21 2013가합666
손해배상(기)
Text

1. The Defendants jointly indicate the Defendants as “joint” instead of “each person”.

The plaintiff 51,370,064 won and its amount.

Reasons

1. Basic facts

A. On June 2012, Defendant A entered into a contract between the Plaintiff and C. Defendant A: (a) heard information that Defendant B and the trade intermediary company located in the U.S., located in Defendant B and the U.S. (hereinafter “C”); and (b) held a large quantity of waste exhausters in the Plaintiff’s Lone Star; and (c) based on the information received from Defendant B, Defendant B, an employee in charge of the Plaintiff’s trading business, stated that “C is engaged in the transaction of USD 23 million or more per month during the transaction of the C; and (d) documents in English with the Korea Environment Agency’s sender and the Han River Basin Environment Agency’s addressee (Evidence 1; hereinafter “instant import permission”).

(2) On August 2, 2012, the Plaintiff, as a broker of the Defendants, did not directly contact the seller in addition to the Defendants. The Plaintiff did not have any direct contact with the seller in addition to the Defendants.

Between C and D, it entered into a contract with D to import 701,760 tons of waste ship (hereinafter “instant contract”) owned by D in USD 816.

Part of the contract (Evidence A 2) shall be as follows:

6. Fee Management - Issuance of 45% of the letter of credit after the contract - Method of remitting 35% of the shipping (BL) to T telegraph - 20% of the total value industry plant after the completion of the contract

7. Guarantee Matters - Public Notice of Drained Shipper (in the event of a breach of a contract): Full refund of 80 per cent of the financial costs incurred under this contract: Compensation for 2 per cent of the total contract amount.

B. L/C issuance and payment 1) The Plaintiff: (a) requested the New York Branch of the New York to issue the L/C to pay the price of the closed L/C; and (b) on September 25, 2012, the date of final shipment of the goods on August 24, 2012, and the L/C with the beneficiary D (hereinafter “instant L/C”).

This was established.

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