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(영문) 서울중앙지방법원 2018.12.05 2017가합525239
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 21, 2014, the Defendant was a company established pursuant to the laws of the Republic of Russia (hereinafter referred to as “ Russia”), and entered into a timber export basic contract (hereinafter referred to as “instant basic contract”) with the Luxuriant Feld Co., Ltd. (hereinafter referred to as “Liritius”) with a company incorporated pursuant to the People’s Republic of China Act (hereinafter referred to as “China”), whereby the Defendant would sell 100,000 cubic meters in total on the luitius (hereinafter referred to as “instant basic contract”) by December 31, 2015.

Article 2.3 of the above Basic Contract provides, “The time when the ownership of goods is transferred from the seller to the buyer shall be the day of the “permission for the release of goods” of the Russian Customs Office of the Russian Federation on the last export declaration, and Article 4.1 provides, “The seller shall not have any obligation to respond to any kind of money, such as quality or quantity, after the freight has been accepted for the carriage to the carrier.”

B. On March 10, 2015, the Defendant concluded Annex B (Contract Number LFI-101) with the content that the contract term of the instant basic export contract was extended by December 31, 2016 between the juitius (hereinafter “instant basic export contract”) and the Defendant would extend the volume and price of the raw materials to be exported to USD 1,000,000 in total to USD 1,000,000 in cubic meters.

C. Based on the instant basic contract and its annexes, two individual sales contracts and customs reports and shipments for their implementation have been completed around August 2016, as follows:

1) On August 5, 2016, the Defendant: (a) between the buyer’s juitury judide and the buyer’s juitius; (b) the consignee’s law, a company incorporated pursuant to the consignee’s law; and (c) the Defendant’s juitur Co., Ltd. ELIck Investment Co., Ltd., Ltd. (Suifaguguin Dold; hereinafter referred to as “hirst pentine”).

For instance, US$ 233,164.90, 2000 and 2,751,097,000,000,000

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