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(영문) 서울중앙지방법원 2019.02.18 2017가합561914
물품대금
Text

1. The defendant shall be the plaintiff.

(a) KRW 448,754,620 as well as 6% per annum from January 14, 2017 to September 28, 2017; and

Reasons

1. Basic facts

A. The status of the Plaintiff is a company with the main purpose of developing and selling resources, etc., and the Defendant (Co., Ltd. prior to the change) is a company with the main purpose of developing resources and exporting and importing main materials.

B. On November 6, 2015, the Plaintiff and the Defendant entered into a contract with the Defendant to supply 100 tons of tin (hereinafter “instant contract for the supply of tin”) (hereinafter “instant contract”).

According to the instant note supply contract, the Plaintiff is obligated to supply the Defendant with three equal installments of the Note of the Malaysia D brand of Malaysia, and the Defendant is obligated to pay the Plaintiff ten percent of the total amount of goods with the advance payment before the shipment and pay the remainder within thirty days from the date of each shipment.

In this case, the price of goods is set at the price calculated by adding the premium of USD 620 per ton to the LME (Lononon Mal Ex, the London Metal Exchange) price for the note. The LME price was set at a specific point within three weeks from the date of issuance of the bill of lading, and the exchange rate was set at the market commencement price after three business days from the date of determination of the MF price.

C. On November 9, 2015, the Plaintiff entered into a contract with the Singapore Company to import 100 tons of alcoholic beverages. On November 30, 2015, the said Singapore Company entered into a contract with the Singapore Company to import 100 tons of alcoholic beverages (hereinafter “the instant primary supply agreement”).

) On December 14, 2015, the second supply of 25 tons of alcoholic beverages (hereinafter “the second supply”).

) On December 23, 2015, the third supply of 50 tons of Note 50 (hereinafter “instant third supply”).

The plaintiff loaded and sent to Korea. The plaintiff delivered to the defendant the original bill of lading (OBL, Original) to each of the above notes, and delivered the above notes to the defendant. 2) The plaintiff.

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