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1. The Defendants are 13,412,070 won to each Plaintiff and 5% per annum from October 1, 2013 to December 22, 2015.
Reasons
1.The following facts may be acknowledged, either in dispute between the parties or in full view of the entries in Gap evidence 1 to 5, Eul evidence 1 to 8, and Gap evidence 6 and the overall purport of the pleadings:
On August 26, 2013, the Plaintiff purchased Preamble (FeW) 4t from Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and agreed to deliver Preamble Co., Ltd., Ltd. to the military factory located in Plusis, by September 23, 2013, the Defendant Co., Ltd., Ltd. (hereinafter “Defendant Co., Ltd.”) by determining the content of Plus in Plus as at least 75% as a contractual standard, and paid Plus US dollars 44 (hereinafter “P”) in the purchase price.
(hereinafter referred to as the “instant sales contract”) B.
피고 회사는 이 사건 매매계약에 따라 원고에게 납품할 페로텅스텐을 조달하기 위하여 2013. 9. 2. 중국의 천진굉리진출구유한공사(天津宏利出口有限公司, 이하 ‘이 사건 중국 회사’라고 한다)로부터 페로텅스텐 4t을 매수하였다.
C. On September 12, 2013, the Defendant Company received the goods shipped by the instant Chinese company at the Busan Port. On September 12, 2013, the Plaintiff paid to the Defendant Company the sales amount of USD 132,000 under the instant sales contract (i.e., USD 4,000 x USD 0.75 x 44).
Around September 13, 2013, the Defendant Company delivered the said goods to the Gunsan factory located in Sejong ethyl Co., Ltd., the place of delivery agreed upon under the instant sales contract. However, on September 16, 2013, as a result of the component inspection conducted by Sejong ethyl Co., Ltd. on September 16, 2013, it was found that the said goods delivered by the Defendant Company were not the uft content, but the said goods were not the uft content.
The plaintiff notified the defendant company of the above inspection result and returned all of the above goods.
E. Since then, the Defendant Company is 7% of its content with the “C” company.