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Reasons
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(영문) 부산지방법원 2018.10.24 2017나55664
손해배상(기)
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1. As to the principal lawsuit of the first instance judgment, including the Plaintiff-Counterclaim Defendant’s claim for principal lawsuit expanded by this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The status of the parties is a company that purchases and sells or distributes frozen macks captured by domestic deep-sea fishing companies, and the Defendants are the business operators who process and sell fishery products, which entered into a contract with the Plaintiff to purchase frozen macks as seen below.

B. On January 7, 2015, the Plaintiff entered into the instant contract with the Defendants as joint buyers. The Defendants are 32,000,000,000 won per annum of Free Trade Zone 24,000 (hereinafter “instant Free Trade Zone”) and sell to the Defendants a total of KRW 768,00,000 (=24,000 x 32,000) (hereinafter “instant contract”): The Plaintiff-Co-Buyer: Defendant A Co., Ltd. (hereinafter “Defendant A”): the Plaintiff supplied the Defendants with the terms and conditions specified below, and the Defendants accept all of them.

CD E E C Article 2 (Goods Delivery Conditions) The Defendants, upon consultation with the Plaintiff, will set the unit price by adding the rate of 7% per annum from January 9, 2015 to the date of acquisition from January 10, 2016 to the date of the instant freezing name, which is wholly accepted by the date of the contract, which is possible to take over in installments after the date of the contract, and after January 9, 2015, the unit price shall be determined by adding the rate of 7% per annum from January 9, 2015 to the date of acquisition.

Article 5: 78 million won of down payment shall be deposited before January 9, 2015.

(C) The main contents are as follows. After the conclusion of the instant contract, Defendant B sent each of the following: (i) Defendant B transferred the remainder down payment of KRW 20,000,000 among the down payment on January 7, 2015, and KRW 58,000,000 to the Plaintiff, respectively.

2) On January 19, 2015, the Plaintiff: (a) on January 19, 2015, the Defendant A Co., Ltd. (hereinafter “Defendant A”).

(i) 19,200,000 won (i.e., 600 x 32,000 won) released from Gangwon-do designated as F, and Defendant B remitted to the Plaintiff’s passbook.

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