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(영문) 대전지방법원 2021.02.17 2019나120853
손해배상(기)
Text

The plaintiff's appeal and the additional selective claim filed by this court are all dismissed.

after the filing of an appeal.

Reasons

Basic Facts

The plaintiff is a company that manufactures and sells rapid charging machines and related parts, and the defendant is a company that engages in the business of manufacturing, selling, and importing and exporting ships and solar energy.

On May 29, 2018, the defendant entered into an export insurance contract between the defendant and the Korea Trade Insurance Corporation. On May 29, 2018, the defendant purchased 1,300 Hegel Egel Egel 1,300, and it was proposed that the payment of the price was defective within 60 days after the receipt of the goods.

Therefore, it is difficult for the defendant to conduct the above credit transactions with the above loaner.

Upon notification, the United States D (hereinafter “D”) will pay the price of goods, so even if the purchase price of goods cannot be recovered upon the conclusion of an export insurance contract with the Korea Trade Insurance Corporation, it can be compensated for losses equivalent to the price of goods under an export insurance contract.

No. 30

Accordingly, the defendant asked the Korea Trade Insurance Corporation of D's credit rating, loan, etc., and entered into a short-term export insurance contract of USD 4,80,000 with the Korea Trade Insurance Corporation on June 28, 2018.

On July 11, 2018, the Defendant entered into an export contract and an additional contract with the Plaintiff and the Defendant entered into an export contract of Hegel (hereinafter “instant contract”) with the Plaintiff, and the main contents of the said contract are as follows (the following, “A” refers to the Plaintiff and “B” refers to the Plaintiff). Article 2

A. Items and specifications (the omission, hereinafter “instant product”);

(b) Contract volume and unit price of 1,300 CIF MMBASA 230.00 (OCEN);

(c) Payment in USD No. 299,000 of the total amount shall be made in US$60 days after the date of arrival of the material's body within 60 days of cash settlement under Article 5 (2) of the Terms and Conditions of Contract No. 2018-08-30 of the date of shipment under Article 5 (2) of the date of arrival of the material's body within 60 days.

3) The underwriter of the goods of the United States Congress has made the price.

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