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(영문) 서울남부지방법원 2014.10.02 2014나7167
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On November 5, 2012, the Plaintiff entered into an import agency contract and a business agreement with the Plaintiff, which entered into an import agency contract with B, the following import agency contract with the Plaintiff, a real operator of the “D company” as the FF retail chain.

Article 1:The plaintiff shall, at the request of B, import as an agent the uniforms and ASEAN fishery products in China, and B shall provide the plaintiff with office office, and shall bear all the responsibilities including customs duties, such as additional duties, arising from office office, etc.

- The plaintiff shall issue a letter of credit in accordance with the preceding office.

- Customs clearance services shall run under the name of the plaintiff B.

The plaintiff is always allowed to use his name at the request of B, but if the plaintiff suffered losses due to this, B shall compensate.

Article 2:All assets shall be the plaintiff's assets, and D Company B shall be sold as excess of the sales price agreed upon (for profit), and the difference shall be settled as owned by B.

If B unilaterally violates the contract, the Plaintiff can sell and dispose of the goods unilaterally.

Article 4:(Vicarious Payment) B pays 4% of the import agency fee to the Plaintiff. B bears all the taxes and public charges required for issuing a letter of credit and the incidental expenses. The Plaintiff entered into an agreement with B on November 20, 2012 with “B shall import fishery products in China and sell them in Korea, but the fishery products shall belong to the Plaintiff,” etc. B. On November 29, 2012, B entered into an agreement with the Plaintiff on November 28, 2012, including that “B shall import fishery products in China and sell them in Korea.” (B) On November 29, 2012, B entered into an agreement with the Plaintiff under the said import agency agreement and agreement with the Plaintiff on November 28, 2012, in accordance with the said import agency agreement and agreement, B entered into an agreement with the Plaintiff on the same type as the Plaintiff in the name of the Plaintiff.

Sheet Defendant at the above coolinghouse on November 28, 2012.

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