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(영문) 서울서부지방법원 2016.11.16 2013가합10888
물품대금반환
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. At around 2009, the Defendant: (a) requested AlamAfroz Co., Ltd. (hereinafter “A”); (b) provided three group 9 items with reinforced plastic cables, etc. (hereinafter “C”); and (c) supplied three group 99 items with reinforced plastic cables, etc. from D that manufactures and sells reinforced plastics in the trade name; and (d) exported the instant goods via the Plaintiff, “E,” via the Plaintiff engaging in the mutual trade business.

B. On September 24, 2009, 174,883.21, the Plaintiff entered into a contract for the supply of the instant goods by entering into an agreement with the Company “A” on February 15, 2010, an order of 174,883.21, and revised product price of 253,925, 201. The instant goods were exported in the form of parts, and were to be delivered to patrolmen up to May 2010.

C. However, all materials-related goods imported in Eul must pass an inspection conducted by an inspection institution designated by the Government of the Republic of Korea. On January 31, 2010, the defendant requested that "the first shipment of the first shipment sent by the plaintiff by the third inspection institution (TPI), the third inspection institution (TPI), the third inspection institution's approval is not possible, and our country can not pay the price, and our country cannot pay it accordingly, the goods, the approval of which is already already accepted, shall not be loaded."

2.1. 1. Each e-mail was received with the content that “clocks did not receive a certificate of inspection.” As such, goods without a certificate of inspection need not be loaded and all the relevant documents are sent to the third inspection agency to obtain a certificate of inspection before shipment.”

However, even if the above request was made by the company Eul, the plaintiff was in 2010.

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