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(영문) 서울중앙지방법원 2015.09.16 2014가단268828
물품인도등
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. On March 28, 2014, Nonparty 1: (a) entered into a contract with LTW Energy Co., Ltd. (hereinafter “LAW”); (b) Nonparty 142,537.05 times in total (hereinafter “instant transit”) with LAW, on the basis of USD 126 per 126 U.S. dollars, under which LAW entered into the sales contract (hereinafter “instant sales contract”); (c) Nonparty 1 entered into an agreement with LAW to sell the same in total (i.e., USD 17,959,68.30 per 142.5 times x 126 times x 142.06 times x 126 times x 126 times x 14.2.06 times x 14.06 times x 126 times x 14.06 times x 126 times x 126 times hereinafter “the ownership reservation agreement”).

1) An undisclosed shall deliver the instant transit to AB as its ownership reservation book, and the time of its delivery shall be six iron tanks owned by the Defendant located in Pyeongtaek-si No. 626 of Pyeongtaek-si, Pyeongtaek-si (TK-22, 23, 24, 26, 31, 32, and hereinafter referred to as “instant storage facilities”).

2) At the time of the entry into force, the proprietor shall only approve the shipment of the transit in the instant case to the BAW, with the limit of the amount previously paid.

The minimum unit order quantity at which AB may request the Abnb to deliver off off off the 142,537.05 times the total amount of 1/20 of the transit of this case shall be 7,127 times the total amount of 142,537.05 times.

The LAW may request the Austria to approve the shipment of the transit of this case after paying in advance the price for the minimum unit order quantity.

3 The ownership of the quantity that was not paid during the transit of the instant case is still held by the Oralone, and No.B cannot assert any right against it.

If No. B&S fails to pay all or part of the price for the transit of this case to the Oralone within 45 days from the date of entry into the Storage Facility of this case, the price for the transit of this case shall not be paid.

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