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(영문) 수원지방법원 안산지원 2018.02.02 2016가단1410
손해배상금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts constituting the premise

A. On December 17, 2014, the Plaintiff entered into a sales contract with Defendant Corporation (hereinafter referred to as the “Defendant Corporation”), with the content that the Plaintiff would purchase the scrap metal from Defendant Corporation with a contract amount of KRW 389,267,258, contract deposit of KRW 38,926,725, and KRW 38,926,725 (hereinafter referred to as the “instant sales contract”) within three days from the date of request of Defendant Corporation for the shipment period as follows. The Plaintiff issued to Defendant Corporation the performance guarantee insurance policy with the purchase amount of KRW 38,926,725 in accordance with the instant sales contract.

Defendant A is a working person of the instant sales contract.

The purpose of the business is to sell scrap metal generated by the construction or operation of the International Corporation for Human Bodies.

1-3 Definition 1 of the Terms and Conditions 1) In implementing this project, the Incheon Metropolitan City Mayor shall be referred to as the "Airport Corporation", and the person conducting the sale project (Plaintiff) shall be referred to as the "contractor". 2-1) The "contractor" shall immediately comply with the request for removal of scrap iron of the "Airport" and shall be removed within three days from the date of the request, unless the prior approval of the "Airport Corporation" is required.

2) However, at the time of sale once, the extent of sale must be taken out within the limits of the performance bond. 1) The time limit for payment for the proceeds of sale shall be the date of release of scrap iron.

[General Conditions of Sales Contract] Article 6 (Notification, etc.) (1) The notification, request, reply, approval, direction, etc. (hereinafter referred to as "Notification, etc.") shall be supplemented in writing.

B. Upon the request of Defendant Corporation, the Plaintiff took out 96,350 km of scrap metal equivalent to KRW 113,612,015 from January 20, 2015 to the 23th of the same month (hereinafter “the first taking out”). The Plaintiff took out the scrap metal equivalent to KRW 113,612,015 (hereinafter “the first taking out”), and July 2, 2015 and the same month.

3. The sale price is 37,889,650 g of scrap metal equivalent to KRW 10,889,650 (hereinafter “the second removal”) and “the second removal”

C.

The plaintiff.

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