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Reasons
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(영문) 서울남부지방법원 2018.12.21 2017가합113199
물품대금
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1. On February 6, 2018, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) in the European Union currency 310,870.73 oil and its related thereto.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a company established in California of the United States, and the defendant is a company established in the Republic of Korea.

C (C, hereinafter referred to as “C”) and D (hereinafter referred to as “D”) are companies established in the Spanish State.

B. (1) On June 1, 2016, the Plaintiff entered into a contract with C to purchase E (E and punishment) manufactured by C and sell it exclusively in the Republic of Korea. (2) On June 14, 2016, the Plaintiff entered into a contract with D to receive the punishment manufactured by D and sell it exclusively in the Republic of Korea.

C. On October 26, 2016, the Plaintiff entered into a contract for the supply of goods with the Defendant, each of which is KRW 1,240,000 for each of the 80,000 kilograms (80 tons) manufactured by C and D (hereinafter collectively referred to as “each of the instant goods supply contracts” and “C goods supply contracts” and “D goods supply contracts,” respectively.

2) The main contents of each of the instant goods supply contracts are as follows.

Article 2 Matters concerning Goods

1. Goods: E (manufacturing: C (D));

2. Quantity: 80 Trons (80,000km);

3. Price (unit price): 15.50 square meters/km.

4. Amount: 1,240,000 tons (excluding air fares);

6. Month of shipment: Matters regarding the payment of the price under Article 3 from November 2016 to June 2017 (Extension after Mutual Consultation) ① For the guarantee of contract, the Defendant shall, at the same time, pay to the Plaintiff 20% (248,000) of the amount indicated in the invoice of the estimate through a telegraph transfer (Wirerere Tact) to the unit specified in the invoice for estimate of the total quantity of the Plaintiff, at the same time as the signature and seal of this contract are signed and sealed, and with respect to this amount, the Plaintiff shall settle the amount from the shipment quantity for the last two months.

(2) The amount of monthly shipment shall be estimated in advance to be issued individually by the plaintiff to the defendant.

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