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1. The Defendant’s KRW 26,432,50 as well as 5% per annum from January 10, 201 to May 22, 2014 to the Plaintiff.
Reasons
1. Basic facts: Article 3 (Securing of Imported Goods and Bearing of All Costs) of Golf Products (other than Ordinary World Cups): With respect to products specified in the purchase application, C shall procure raw materials necessary for manufacturing factory interference and manufacturing of products, and shipping and all other matters arising in China shall consist of C’s cost.
Article 4 (Payment of Price): The defendant shall pay the price by the method consulted with the plaintiff and the defendant, and the defendant shall bear the responsibility to guarantee when a problem arises with respect to the price that the plaintiff paid to C.
Article 5 (Contents of Guarantee) : ① In a case where the Plaintiff’s products at the request of the Plaintiff fail to arrive in the Plaintiff within the payment period, ② in a case where the Plaintiff suffered losses from the Plaintiff’s payment made to C due to the Plaintiff’s failure to use the proceeds paid by the Plaintiff for other purposes, instead of using them for the production of the products, the costs incurred by the Plaintiff’s entry shall be proved by the remittance receipt remitted by the Plaintiff to C and the person designated by C, and the
Article 6 (Scope of Guarantee): C is not responsible for the quality of the product and the price paid, and the defendant shall guarantee the liability only for the price paid.
On January 4, 2011, the Plaintiff entered into the following golf products import contract and guarantee contract with the Defendant, the form of the sale of C and C, which has produced golf products in China:
B. On January 10, 201, the Plaintiff entered into an import contract with C, stating that “(i) the total ordered goods and the total ordered quantity: 1,000 p.m., (ii) the volume of the first order: 500 p.m., (iii) the payment period on February 20, 201, (iv) the amount of the second order: 500 p.m., the payment period on April 10, 201, (iv) the amount of the second order: 20% of the total purchase price shall be paid as the down payment, and 80% of the balance of the second order amount shall be paid at the same time as the second shipment, respectively.”
C. On January 10, 201, the Plaintiff: USD 50,000 = The amount of the first order to C.