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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that runs the trade and wholesale and retail business of non-metallic metals, and the Defendant is a company that manufactures and sells pipes, etc. by purchasing copper traps, etc.
B. On March 22, 2013, the Plaintiff entered into a contract with the Defendant for the supply of copper rap to the Defendant with the following content:
(hereinafter referred to as “the instant glass supply contract”). The name of the container: the contract period: April 2013 to June 6: the total amount of 180 tons (±5%) and the delivery period: the delivery shall be made in 60 tons per month, and the old traps corresponding to the supplied monthly amount shall be delivered by the last day of the relevant month.
(b) Single-processing formula: The delivery condition at the arrival of a designated factory by the rate of exchange: The settlement rate of exchange at the rate of 98.9% of the London Metal Exchange price: The settlement price at the rate of payment within three days after the delivery of the goods - the average of the month of delivery of the goods or on-the-day Priing - exchange rate of exchange: the average rate of foreign currency trading at the rate of exchange per month of delivery of the goods.
C. Around June 26, 2013, the Plaintiff notified the Defendant that “The Plaintiff may supply the amount of 60.79 tons for the six-month period, which was agreed to be supplied to June 30, 2013 under the supply contract for the instant copper rap, to July 3, 2013,” and the Defendant rejected the receipt of pyps for the said six-month period.
(hereinafter referred to as "Gropic crap for six months". D.
Around July 23, 2013, the Plaintiff stored the instant copper rap purchased to deliver it to the Defendant, and sold it to another person in KRW 472,312,914.
E. If the Plaintiff delivered the Defendant with the 6th month old traps, the price for supply that the Plaintiff received is KRW 520,970,300.
F. Meanwhile, the Plaintiff on April 18, 2013 pursuant to the instant contract for the supply of copper rap and the Plaintiff on April 18, 2013
4. 26. 26. Delivery twice, and on May 7, 2013, e.g. copper raps for five months; and
5.22. &
6.7. The three occasions have been delivered, and the amount corresponding to six months shall be six months.