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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff is a company established for the purpose of the distribution business of non-ferrous metals, etc., and the Defendant is a person who operates a non-ferrous metal wholesale and retail business, etc. while operating the "D" located in Daejeon-gu Daejeon Metropolitan Government C.
B. On March 14, 2017, the Plaintiff and the Defendant concluded a sales contract with the Defendant to sell the domestic relocation to the Plaintiff.
(hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.
A Co., Ltd. (hereinafter referred to as “A”) shall enter into a contract for the sale and purchase of the domestic relocation between D (hereinafter referred to as “B”) as follows:
Article 1 Definitions of Terms (DM=Dry Metric Ton) means the weight obtained by deducting the weight of water from the damp light.
Article 2 Period of contract between March 14, 2017 and December 31, 2017, Article 3: Domestic dynamics of Contract Items and Content Standard : at least 80%: Payment Price Guide of Article 8: Notice of Domestic dynamics is applied to Article 9.
1. 1) “A” shall issue a tax invoice to “A” on the date of receipt confirmation for the expected value of the shipment guide and the amount of goods calculated on the basis of DMT provided by “A” after the delivery of the products. “A” shall pay the relevant price and value-added tax corresponding thereto through the old crap exclusive account on the date of issuance of the tax invoice to “B”. “A” shall settle the difference between the provisional payment and the final amount of goods after the determination of metal value, metal value, exchange rate, etc.
2 If the provisional payment exceeds the fixed price of goods, B shall issue a tax invoice for the difference to A on the date on which the difference is determined, and settle the difference by using the reduction transaction of B's account for opcps on the date of issuance of the tax invoice.
Article 10 (Determination of Subdivision, Collection of Samples)
2. Collection of samples shall be conducted by A in the presence of B or B’s agent, and the observers of B or B may have different views in all the procedures.