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(영문) 광주고등법원 2016.04.06 2015나12542
손해배상(기)
Text

1. The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that imports raw timber and beer plate and manufactures and sells the beer board, etc., and the Defendant is a legal entity that engages in the trade agency business of raw timber and wood products (so-called spaferer).

B. On May 6, 2013, the Plaintiff, as a broker of the Defendant, ordered the Defendant to import the 680 cubic luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc luc lus

(hereinafter “instant sales contract”). D. The sales contract entered into for the instant Berne plate is called “instant sales contract.”

Around that time, the Defendant: (a) received from the exporter of this case the terms and conditions that the purchase price for the 360 cubic meters of the instant beer plate shall be USD 81,000 ($225 per one cubic meter), and that the purchase price for the 320 cubic meters shall be USD 68,800 ($ 215 per one cubic meter cubic meter), and received the delivery of the terms and conditions that the total purchase price shall be USD 149,800, and then sent two copies of the certificate of sale of goods to the Plaintiff.

The main contents are as follows:

선적일: 2013. 6. 15., 만기일: 2013. 6. 25. 납품방법: 베트남 하이퐁항에서 대한민국 광양항까지 해상운송 대금지급: 전액 신용장 지급 특이사항: 부분선적 가능, 중개료 1㎥당 미화 3달러는 선적 서류 전달시 청구하겠습니다. 라.

On May 9, 2013, the Plaintiff, at the early point of Korea Bank, issued a beneficiary-based irrevocable Credit (hereinafter “instant Credit”) with respect to USD 149,80,00, which was the purchase price for the instant beer, at the first place of Korea Bank, and sent a copy thereof to the Defendant.

E. On May 25, 2013, the exporter of the instant case divided the amount of USD 436.82,00,000,000 in cubic meters (i.e., USD 225,000,000 in cubic meters of the unit price (i.e., USD 216.82,00 in cubic meters of the unit price) into 40,000 in 11 containers.

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